Federal Judge Blocks Re-Detainment of Salvadoran National Kilmar Abrego Garcia
A federal judge in Maryland has ruled against the re-detention of Kilmar Abrego Garcia, a Salvadoran national, by the U.S. Immigration and Customs Enforcement (ICE). The ruling, issued by U.S. District Judge Paula Xinis on Tuesday, came after the 90-day period for his detention expired without the U.S. government having a feasible plan for his deportation.
Abrego Garcia’s situation has drawn significant attention in the ongoing immigration debate. Last year, he was erroneously deported to El Salvador despite facing threats from a gang in his home country. This mistake prompted his return to the United States, but he has since been battling a proposed deportation to various African nations, as suggested by the Department of Homeland Security.
Judge Xinis criticized the government’s handling of the situation, stating in her order, “The government made one empty threat after another to remove him to countries in Africa with no real chance of success.” She further noted, “From this, the Court easily concludes that there is no ‘good reason to believe’ removal is likely in the reasonably foreseeable future.”
Efforts by the administration of former President Donald Trump to deport Abrego Garcia included plans to send him to countries such as Uganda, Eswatini, Ghana, and Liberia. However, the judge pointed out that the government has disregarded Costa Rica, a nation that has expressed willingness to accept Abrego Garcia as a refugee.
Abrego Garcia, who has resided in Maryland for several years and has an American wife and child, initially entered the U.S. illegally as a teenager. In 2019, an immigration judge ruled against his deportation to El Salvador due to the threats he faced there. Despite this, he was mistakenly deported in 2020.
After his return, Abrego Garcia faced charges of human smuggling in Tennessee, to which he has pleaded not guilty. The Trump administration maintained that he could not remain in the U.S., leading to the current legal proceedings.
According to his attorney, Simon Sandoval-Moshenberg, immigration detention should not serve as a punitive measure but rather as a means to facilitate deportation. He emphasized that without a viable deportation plan, indefinite detention is not permissible. “Since Judge Xinis ordered Mr. Abrego Garcia released in mid-December, the government has tried one trick after another to try to get him re-detained,” Sandoval-Moshenberg stated in an email. He further asserted that the government should now focus on coordinating Abrego Garcia’s relocation to Costa Rica.
Homeland Security has yet to comment on the judge’s ruling, and it remains to be seen whether a resolution involving Costa Rica will be pursued.
