Federal Judge Blocks Trump Administration From Re-Detaining Kilmar Abrego Garcia
A federal judge in Maryland has blocked the Trump administration from re-detaining Kilmar Abrego Garcia, a Salvadoran national whose immigration case has become a flashpoint in the administration’s aggressive deportation push.
U.S. District Judge Paula Xinis ruled this week that immigration authorities may not take Abrego Garcia back into custody following his release from detention, finding that the government failed to present sufficient new evidence to justify holding him again while his immigration case proceeds.
Abrego Garcia, who lives in Maryland with his U.S. citizen wife and child, was first granted withholding of removal in 2019 after an immigration judge determined he faced a credible risk of persecution from gangs if returned to El Salvador. That status bars deportation to El Salvador but allows removal to a third country under limited circumstances.
Despite that protection, Immigration and Customs Enforcement arrested Abrego Garcia in March 2025 and deported him to El Salvador. The removal sparked an emergency legal challenge from his family and attorneys. Judge Xinis ordered the government to facilitate his return, a ruling later upheld by the Fourth Circuit Court of Appeals and the U.S. Supreme Court.
After months of legal disputes and diplomatic delays, the government returned Abrego Garcia to the United States in June. He was immediately re-arrested by ICE, which argued it had new evidence linking him to the MS-13 gang.
Judge Xinis rejected that claim in her latest ruling, saying the government relied largely on a confidential informant’s statement and a years-old police field interview that did not rise to the level required to revisit the original 2019 order. She ruled that continued detention would violate due process.
Abrego Garcia was released under court-ordered conditions, including electronic monitoring, and remains in Maryland with his family.
The Justice Department has appealed the ruling and says it will continue pursuing removal options, including potential deportation to a third country. Immigration advocates say the case highlights concerns about due process in immigration enforcement, while administration officials maintain Abrego Garcia poses a public safety risk.
The case is expected to continue moving through federal courts in the coming months.
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