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Federal Judge Blocks ICE Re‑Detention of Kilmar Abrego Garcia After Failed Deportations

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Judge Paula Xinis Issues Injunction Halting ICE Custody On February 17 2026, U.S. District Judge Paula Xinis in Greenbelt, Maryland entered a preliminary injunction that bars Immigration and Customs Enforcement from placing Kilmar Abrego Garcia back into detention [1]. The order follows a similar emergency ruling the same judge issued in December 2025, but this time the government may appeal the decision to the Fourth Circuit in Richmond, Virginia [1]. Xinis concluded that ICE offered no evidence of a foreseeable removal, rendering continued detention a due‑process violation [1].

Background: Illegal Deportation to El Salvador and Return Abrego Garcia, a Salvadoran national, was forcibly sent to a mega‑prison in El Salvador in violation of a prior court order earlier this year [1]. After the illegal deportation, federal authorities brought him back to the United States in early June 2026 to face federal human‑smuggling charges in Tennessee [1]. The case underscores tensions between immigration enforcement actions and judicial oversight of due‑process rights [1].

ICE’s Unsuccessful Attempts to Transfer to African Nations Following his pre‑trial release, ICE pursued relocation of Abrego Garcia to several African countries, but negotiations failed to produce a viable destination [1]. The judge noted that without a confirmed removal country, ICE lacked any legal basis to retain him in custody [1]. This failure reinforced the injunction, as the government could not demonstrate a “good reason” to expect removal in the reasonably foreseeable future [1].

Current Pre‑Trial Release Conditions and Preferred Destination Under the injunction, Abrego Garcia remains under strict Maryland pre‑trial release, residing with his brother and limited to travel for work, religious services, medical care, or court appearances [1]. He has expressed a preference to be deported to Costa Rica, a request the Trump administration has not supported [1]. The release order continues to restrict his movements while the appeal process proceeds [1].

Sources

Timeline

2019 – An immigration judge finds Abrego Garcia has a well‑founded fear of persecution in El Salvador, granting him protection from removal and allowing him to live and work in the United States under ICE supervision. [3]

Aug 2023 – ICE mistakenly deports Abrego Garcia to a Salvadoran mega‑prison, igniting criticism of the Trump administration’s immigration crackdown and violating the 2019 protection order. [3]

Mar 2025 – ICE again wrongfully sends Abrego Garcia to El Salvador, where he faces gang threats; the deportation becomes a rallying point against the administration’s policies. [4]

Apr 2025 – The U.S. Supreme Court rules that the Trump administration must return Abrego Garcia to the United States, prompting subsequent district‑court actions. [3]

Dec 12, 2025 – U.S. District Judge Paula Xinis orders ICE to release Abrego Garcia immediately, stating there is no lawful removal order and calling the detention “unlawful” and “without authority.” [2][4]

Dec 12, 2025 – ICE complies and frees Abrego Garcia from the Moshannon Valley Processing Center just before 5 p.m., with the judge requiring him to check in at the Baltimore ICE field office 14 hours later. [3]

Dec 12, 2025 – DHS spokesperson Tricia McLaughlin condemns the release as “naked judicial activism” and announces the government will appeal the decision. [2][4]

Dec 12, 2025 – Abrego Garcia’s attorney Simon Sandoval‑Moshenberg says his client will reunite with family and plans to pursue asylum while his human‑smuggling case proceeds to an evidentiary hearing. [2]

Feb 17, 2026 – Judge Xinis issues a new injunction barring ICE from re‑detaining Abrego Garcia, noting the government offers no evidence of a foreseeable removal and that continued detention would violate due‑process rights; the order is appealable to the Richmond, Virginia federal appeals court. [1]

2026‑2027 (future) – Abrego Garcia remains on strict Maryland pre‑trial release, must not leave the state except for work, religious services, medical care or court, and may apply for asylum while awaiting the appellate outcome and a scheduled evidentiary hearing in his Tennessee criminal case. [1]

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