Federal Judge Rules Immigrant Can't Be Re-Detained

Kilmar Abrego Garcia's case becomes focal point in immigration debate

Published on Feb. 19, 2026

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A federal judge ruled that U.S. Immigration and Customs Enforcement 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. The judge criticized the government's "empty threats" to remove Abrego Garcia to various African countries with no real chance of success.

Why it matters

This case highlights the ongoing tensions and legal battles around immigration detention and deportation policies in the U.S. The judge's ruling raises questions about the government's authority to indefinitely detain immigrants without a clear deportation plan.

The details

Abrego Garcia, who has an American wife and child and has lived in Maryland for years, was mistakenly deported to El Salvador last year despite an immigration judge's ruling that he could not be sent there due to danger from a gang. After public pressure and a court order, the Trump administration brought him back in June 2025, but then sought to deport him to various African countries. The judge criticized this approach, noting the government has "purposely -- and for no reason -- ignored the one country that has consistently offered to accept Abrego Garcia as a refugee, and to which he agrees to go" -- Costa Rica.

  • On Tuesday, February 17, 2026, a federal judge ruled that ICE cannot re-detain Kilmar Abrego Garcia.
  • In 2019, an immigration judge ruled that Abrego Garcia could not be deported to El Salvador because he faced danger there from a gang.
  • In 2025, Abrego Garcia was mistakenly deported to El Salvador, but was later brought back to the U.S. in June.

The players

Kilmar Abrego Garcia

A Salvadoran national who has an American wife and child and has lived in Maryland for years, but immigrated to the U.S. illegally as a teenager.

U.S. District Judge Paula Xinis

The federal judge who ruled that ICE cannot re-detain Abrego Garcia.

Tricia McLaughlin

The Homeland Security Assistant Secretary who criticized the judge's ruling.

Simon Sandoval-Moshenberg

Abrego Garcia's attorney, who argued that immigration detention is not supposed to be a punishment and that the government should work to send Abrego Garcia to Costa Rica.

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What they’re saying

“If this matter were actually about the law or due process, Kilmar Abrego Garcia would already be deported and would never set foot in this country again; Judge Xinis will not be satisfied until he is authorized to live in the United States forever.”

— Tricia McLaughlin, Homeland Security Assistant Secretary (wrsi.com)

“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. In her decision today, she recognized that if the government were truly trying to remove Mr. Abrego Garcia from the United States, they would have sent him to Costa Rica long before today.”

— Simon Sandoval-Moshenberg, Abrego Garcia's attorney (wrsi.com)

What’s next

The government should now engage in a good-faith effort to work out the details of Abrego Garcia's removal to Costa Rica, according to his attorney.

The takeaway

This case highlights the ongoing legal and political battles over immigration detention and deportation policies in the U.S., with the judge criticizing the government's handling of Abrego Garcia's case and questioning its authority to indefinitely detain immigrants without a clear deportation plan.