A U.S. district judge ruled that the Trump administration cannot take Kilmar Abrego Garcia back into immigration custody, citing the expiration of his 90-day detention period and lack of a concrete removal plan.
By yourNEWS Media Newsroom
A federal judge in Maryland on Tuesday prohibited the Trump administration from re-detaining Kilmar Abrego Garcia, issuing an order that bars Immigration and Customs Enforcement from placing him back into federal immigration custody.
U.S. District Judge Paula Xinis, appointed by President Barack Obama, determined that Abrego Garcia’s 90-day detention period had expired and that the administration did not present a definitive plan for his removal from the United States, according to court documents.
In her written order, Xinis stated, “Although Respondents released Abrego Garcia pursuant to this Court’s Order, they also appeared to make speedy plans to re-detain him, in violation of certainly the spirit, if not the letter, of that decision.”
“Respondents are ENJOINED from taking Petitioner Kilmar Armando Abrego Garcia into ICE custody,” the judge continued. “Respondents SHALL immediately transmit this Order to all relevant officers, agents, and employees under their control and who are involved in this matter and in the Tennessee Criminal Matter.”
The ruling represents a significant development in Abrego Garcia’s ongoing legal battle against removal from the United States. He has contested deportation efforts following his earlier return from El Salvador.
Abrego Garcia has been accused of ties to the MS-13 gang and of domestic abuse. Federal prosecutors are seeking his permanent removal from the country.
While Abrego Garcia has indicated a willingness to be deported to Costa Rica, the Trump administration has sought to send him to Liberia, according to court filings. He was returned to the United States to face human smuggling charges in Tennessee, where related criminal proceedings remain pending.
The Department of Homeland Security did not respond to a request for comment by publication time.
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