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Federal judge rules Kilmar Abrego Garcia can’t be re-detained by immigration authorities

Feb 17, 2026, 9:45 AM

FILE - Kilmar Abrego Garcia speaks during a rally ahead of a mandatory check at the Immigration and...

FILE - Kilmar Abrego Garcia speaks during a rally ahead of a mandatory check at the Immigration and Customs Enforcement office in Baltimore, Dec. 12, 2025, after he was released from detention on Thursday under a judge's order. (AP Photo/Stephanie Scarbrough, File)
Credit: ASSOCIATED PRESS

(AP Photo/Stephanie Scarbrough, File)

GREENBELT, MD (AP) — Immigration and Customs Enforcement cannot re-detain Kilmar Abrego Garcia because a 90-day detention period has expired and the government has no viable plan for deporting him, a federal judge ruled on Tuesday. The Salvadoran national’s case has become a focal point in the immigration debate after he was mistakenly deported to his home country last year. Since his return, he has been fighting a second deportation to a series of African countries proposed by Department of Homeland Security officials. Abrego Garcia has an American wife and child and has lived in Maryland for years, but he immigrated to the U.S. illegally as a teenager. In 2019, an immigration judge ruled that he could not be deported to El Salvador because he faced danger there from a gang that had threatened his family. By mistake, he was deported there anyway in March.

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Federal judge rules Kilmar Abrego Garcia can’t be re-detained by immigration authorities