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Federal Judge Blocks ICE Re‑Detention of Salvadoran Smuggling Defendant After Botched Deportations

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Judge Xinis Issues Injunction Preventing ICE Custody On February 17 2026, U.S. District Judge Paula Xinis in Greenbelt, Maryland entered a 10‑page injunction that bars Immigration and Customs Enforcement from re‑detaining Kilmar Abrego Garcia, a Salvadoran national facing federal human‑smuggling charges [1][2]. The order follows a December 2025 emergency ruling by the same judge and can be appealed to the Fourth Circuit Court of Appeals in Richmond, Virginia [1]. Xinis concluded the government offered no “good reason” to expect removal and that continued detention would violate due‑process standards [1][2].

Illegal Deportation to El Salvador and Return for Trial Abrego Garcia was mistakenly sent to a Salvadoran mega‑prison in 2025 despite a 2019 protection order that barred his removal because of gang‑related threats [2]. After public pressure and a court order, the Trump administration secured his return to the United States in early June 2026, where he now faces federal human‑smuggling charges in Tennessee, to which he has pleaded not guilty [1][2]. The erroneous deportation sparked criticism of DHS’s handling of protected non‑citizens.

Failed Removal Attempts to African Nations and Costa Rica Offer Following his pre‑trial release, DHS listed Uganda, Eswatini, Ghana and Liberia as possible destinations for removal, while Costa Rica repeatedly offered to accept him [2]. The judge described these proposals as “empty threats,” noting that no viable removal plan existed and that the 90‑day detention period had expired [1][2]. Attorney Simon Sandoval‑Moshenberg urged the government to pursue a good‑faith effort to relocate the defendant to Costa Rica rather than continue punitive detention.

Current Release Conditions and Appeal Path Abrego Garcia remains under strict Maryland pre‑trial release, required to stay at his brother’s home and limited to travel for work, religious services, medical care or court appearances [1]. He has expressed a preference for deportation to Costa Rica, a request the current administration has not supported [1]. The injunction allows the government to appeal the decision, leaving the removal question unresolved pending further litigation [1][2].

Sources

Timeline

2019 – An immigration judge issues a withholding‑of‑removal order for Kilmar Abrego Garcia, finding he has a “well‑founded fear” of danger in El Salvador and barring his deportation[12].

August 2023 – ICE mistakenly deports Garcia to a notorious Salvadoran prison, sparking criticism of the administration’s immigration enforcement[13].

March 2025 – Despite the 2019 protection, ICE again deportes Garcia to El Salvador, where he is imprisoned; the move violates prior court orders[1][15].

April 2025 – The U.S. Supreme Court rules the Trump administration must return Garcia to the United States, overturning the illegal deportation[13].

June 2025 – Following the Supreme Court decision, the government brings Garcia back to the U.S. and charges him with federal human‑smuggling offenses in Tennessee; he pleads not guilty[1][6].

Dec 11, 2025 – Judge Paula Xinis orders Garcia’s immediate release from ICE custody, finding no lawful removal order and no viable deportation plan[4][10].

Dec 12, 2025 – Xinis issues a temporary restraining order blocking any re‑detention and directs ICE to release Garcia by 5 p.m. EST, citing repeated unlawful detentions[14][3].

Dec 13, 2025 – The judge further blocks attempts to send Garcia to African countries, noting a procedural error in the 2019 withholding order and preserving his pre‑trial release conditions[12].

Dec 15, 2025 – A Maryland federal court orders Garcia’s release and bars re‑detention pending a hearing, while DHS labels the decision “naked judicial activism” and announces an appeal[11].

Dec 22, 2025 – In a heated hearing, Xinis presses DOJ attorney Ernesto Molina for a concrete removal plan; Molina admits he “doesn’t have information to provide about a final decision to re‑arrest,” and Xinis replies, “Well then, this is no harm, no foul.”[2].

Dec 23, 2025 – Xinis orders the government to file a brief by Dec 26 on any intent to re‑detain Garcia; the temporary restraining order remains, allowing him to spend Christmas with his family[9].

Dec 26, 2025 – Judge Waverly Crenshaw cancels Garcia’s criminal trial and schedules a Jan 28, 2026 hearing to determine whether the prosecution is vindictive, requiring prosecutors to justify the charges[8].

Dec 28, 2025 – DHS Assistant Secretary Tricia McLaughlin posts on X criticizing Garcia’s TikTok video, while a hearing on prosecutorial vindictiveness remains set for Jan 28, 2026[5].

Dec 30, 2025 – ICE files a brief stating it will not detain Garcia again so long as Xinis’s re‑detention order stays in effect, acknowledging the order’s binding nature[7][16].

Jan 28, 2026 – A federal hearing is slated to assess the claim of vindictive prosecution in Garcia’s Tennessee human‑smuggling case; the outcome could lead to dismissal if the government fails to justify the indictment[8][5].

Feb 17, 2026 – Judge Xinis issues a new injunction permanently barring ICE from re‑detaining Garcia, concluding the 90‑day detention period has expired and the government offers “no good reason to believe removal is likely”[1][6].

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