Judge Rules Salvadoran Man Can't Be Re-Detained by ICE

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A federal judge ruled that Immigration and Customs Enforcement (ICE) cannot re-detain Kilmar Abrego Garcia, a Salvadoran national, because his 90-day detention period has expired and the government has no viable plan for deporting him. Abrego Garcia was mistakenly deported to El Salvador last year, despite an immigration judge's 2019 ruling that he could not be deported there due to the danger he faced from a gang that had threatened his family.

Why it matters

This case has become a focal point in the ongoing immigration debate, highlighting the challenges and complexities involved in deportation proceedings, particularly when mistakes are made. Abrego Garcia's situation raises questions about due process, the treatment of immigrants with family ties in the U.S., and the government's ability to effectively carry out deportation orders.

The details

Kilmar Abrego Garcia, a Salvadoran national, has been fighting a second deportation to a series of African countries proposed by the Department of Homeland Security. Despite having an American wife and child and living in Maryland for years, Abrego Garcia immigrated to the U.S. illegally as a teenager. In 2019, an immigration judge ruled that he could not be deported to El Salvador because he faced danger there from a gang that had threatened his family. However, he was mistakenly deported there anyway in March of last year.

• In 2019, an immigration judge ruled that Abrego Garcia could not be deported to El Salvador.
• In March of last year, Abrego Garcia was mistakenly deported to El Salvador.

What’s next

The judge's ruling means that ICE cannot re-detain Abrego Garcia, and the government must determine its next steps in his case.