US judge blocks re-detention of wrongfully deported Salvadoran Kilmar Abrego Garcia
A federal judge ruled the Trump administration cannot re-detain Abrego Garcia, finding the 90-day detention period expired and no viable deportation plan exists.
February 17, 2026
A United States federal judge has ruled that the Trump administration cannot re-detain Kilmar Abrego Garcia, a 30-year-old Salvadoran national who was wrongfully deported last year and subsequently returned to the country.
US District Judge Paula Xinis issued the decision Tuesday, finding that a 90-day detention period had expired without the government presenting a workable plan to deport Abrego Garcia. The Immigration and Customs Enforcement (ICE) agency is now prohibited from placing him back in custody.
Abrego Garcia was deported by error to El Salvador in March 2025. He returned to the United States in June 2025 after legal intervention. Since his return, the Trump administration has pursued a second deportation attempt, proposing removal to several African countries.
In her ruling, Judge Xinis stated that the government "made one empty threat after another to remove him to countries in Africa with no real chance of success." She concluded that there were no good grounds to believe removal was likely in the foreseeable future.
According to court filings, the administration accused Abrego Garcia of being a member of the criminal gang MS-13, though lawyers for Abrego Garcia say the accusations were made without evidence. His legal representatives have argued that he is being pursued because his wrongful detention embarrassed the government.
Abrego Garcia has been free since December. His case became a focal point in the broader immigration debate in the United States during 2025, drawing attention to issues surrounding deportation procedures and detention practices.
The judge's decision prevents ICE from detaining Abrego Garcia further, at least pending any appeal or change in circumstances that would provide a viable deportation plan.