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Federal Judge Blocks ICE From Re-Detaining Kilmar Abrego Garcia After 90-Day Limit Lapses

The judge cited an expired 90-day detention limit, finding no realistic plan for removal.

Overview

  • U.S. District Judge Paula Xinis enjoined ICE from taking Abrego Garcia back into custody, ruling further detention would violate due process.
  • The court found the government lacks a viable removal plan and has not secured the travel documents needed to deport him in the foreseeable future.
  • Xinis criticized officials for disregarding Costa Rica’s repeated offer to accept Abrego Garcia while pursuing unlikely removals to Uganda, Eswatini, Ghana, and Liberia.
  • Abrego Garcia was mistakenly deported to El Salvador in March 2025 and was returned to the United States in June following court intervention and public pressure.
  • He remains on court-imposed release conditions as he faces federal human-smuggling charges in Tennessee, to which he has pleaded not guilty.