Federal Judge Rules Immigration Authorities Can't Re-Detain Kilmar Abrego Garcia

Salvadoran national's case becomes focal point in immigration debate after mistaken deportation last year.

Published on Feb. 19, 2026

Got story updates? Submit your updates here. ›

A federal judge in Maryland ruled that Immigration and Customs Enforcement cannot re-detain Kilmar Abrego Garcia, a Salvadoran national, because the 90-day detention period has expired and the government has no viable plan for deporting him. Abrego Garcia's case has become a focal point in the immigration debate after he was mistakenly deported to his home country last year and has since been fighting a second deportation to a series of African countries proposed by the Department of Homeland Security.

Why it matters

This case highlights the complexities and challenges in the U.S. immigration system, particularly around detentions and deportations. Abrego Garcia's situation has drawn attention to issues of due process, the rights of immigrants, and the government's ability to carry out deportation orders, especially when there are concerns about the individual's safety in their home country.

The details

In 2019, an immigration judge ruled that Abrego Garcia 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 last year. After public pressure and a court order, the Trump administration brought him back to the U.S. in June 2025, but then sought to deport him to various African countries, which the judge ruled the government had no viable plan to accomplish.

  • In 2019, an immigration judge ruled Abrego Garcia could not be deported to El Salvador.
  • In 2025, Abrego Garcia was mistakenly deported to El Salvador.
  • In June 2025, the Trump administration brought Abrego Garcia back to the U.S. after public pressure and a court order.
  • On February 17, 2026, a federal judge ruled that ICE cannot re-detain Abrego Garcia.

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 in Maryland who ruled that ICE cannot re-detain Abrego Garcia.

Department of Homeland Security

The government agency that sought to deport Abrego Garcia to various African countries after he was mistakenly deported to El Salvador.

Got photos? Submit your photos here. ›

What they’re saying

“The government 'made one empty threat after another to remove him to countries in Africa with no real chance of success.'”

— U.S. District Judge Paula Xinis (nbcnews.com)

What’s next

Abrego Garcia's case will continue to be closely watched as it highlights the ongoing debates and challenges around immigration policy and enforcement in the United States.

The takeaway

This case underscores the complexities and human impacts of the U.S. immigration system, particularly around issues of due process, deportation, and the government's ability to carry out its policies. It serves as a reminder of the need for comprehensive immigration reform that balances enforcement with compassion and respect for individual circumstances.