US judge says wrongfully deported Kilmar Abrego Garcia can’t be re-detained

In 2026, a U.S. federal judge ruled that the Trump administration cannot re-detain Kilmar Abrego Garcia, a Salvadoran national wrongfully deported the previous year. Judge Paula Xinis stated that the 90-day detention period had passed without a viable deportation plan. Abrego Garcia's lawyers argued he was being targeted due to the embarrassment caused by his initial wrongful deportation. The judge noted the administration's unsuccessful attempts to deport him to African countries like Uganda, Eswatini, Ghana, and Liberia. Abrego Garcia was previously released from immigration detention in December. The Trump administration had accused Abrego Garcia of being a member of MS-13 without providing evidence.

A federal judge ruled that Kilmar Abrego Garcia, a Salvadoran national, cannot be re-detained by U.S. Immigration and Customs Enforcement because his 90-day detention period expired and the government lacks a viable deportation plan. Abrego Garcia, who has an American family and lived in Maryland for years after immigrating illegally, was mistakenly deported to El Salvador last year despite a 2019 ruling protecting him from deportation there. After public pressure, the Trump administration brought him back but pursued deportation to African countries like Uganda, Eswatini, Ghana, and Liberia. The judge noted the government ignored Costa Rica, a country willing to accept him. Abrego Garcia's attorney argued detention is only permissible to facilitate deportation, not as punishment without a viable plan.