Image Credit: Alex Wong / Staff / Getty 
Illegal alien and alleged MS-13 gang member Kilmar Abrego Garcia cannot be detained and deported by Immigration and Customs Enforcement (ICE) officials, a federal judge ruled Tuesday.
US District Judge Paula Xinis, of the federal court in Greenbelt, Maryland, made the decision following her December ruling that Garcia be released from federal custody amid a protracted immigration battle with the Trump administration.
Xinis argued Garcia already spent enough time in custody when he was deported to El Salvador and was imprisoned for several months, calling it a “wrongful detention.”
He was later detained by ICE a second time in August 2025, just days after a judge released him from custody when he returned to the U.S. from El Salvador to face trial for human smuggling charges in Tennessee based on a 2022 traffic stop.
An attorney representing Garcia commented on Judge Xinis’ ruling, saying, “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. We hope the government does not appeal this order, and instead finally comes to the table in good faith to work out the details of a removal plan to Costa Rica.”
There is clearly an issue with America’s immigration and judicial system if a federal judge can prohibit a government agency from carrying out its constitutional duty of removing individuals residing in the country illegally.
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