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Posted on 02/17/2026 2:00:09 PM PST by DFG
U.S. 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.
The government “made one empty threat after another to remove him to countries in Africa with no real chance of success,” U.S. District Judge Paula Xinis, in Maryland, wrote in her Tuesday order. “From this, the Court easily concludes that there is no ‘good reason to believe’ removal is likely in the reasonably foreseeable future.”
Homeland Security Assistant Secretary Tricia McLaughlin criticized the ruling in an email.
“If this matter were actually about the law or due process, Kilmar Abrego Garcia would already be deported and would never set foot in this country again; Judge Xinis will not be satisfied until he is authorized to live in the United States forever,” she wrote.
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 last year.
Facing public pressure and a court order, President Donald Trump’s administration brought him back in June, but only after securing an indictment charging him with human smuggling in Tennessee.
(Excerpt) Read more at apnews.com ...
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There’s a “solution” for this jackass, but I don’t want to be banned from FR....
to hell with that hard left female judge (again). Put this guy on a plane tonight to anywhere and get him out of here and let the judge spew her hate all day tomorrow. Tell her he is NOT coming back.
The problem isn’t Garcia, it’s the activist judges.
The problem here isn’t the illegal alien.
The problem is a huge number of Federal District Judges think they out-rank God.
That’s EXACTLY what they want so they can impeach Trump again.
Why do judges love this criminal trash so much ?
Relocate him and his family to the Hamptons.
Correct.
True!
There’s no reason whatsoever for him to have been returned to the United States. I can’t believe how badly this case has been handled.
I didn’t know it was our responsibility to ensure his success (whatever that means to the judge). In the words of Kramer, “why don’t you just tell me...”.
What’s so stupid about this is that terrorists don’t get any consideration of whether their home country is safe. The guy has MS-13 tattooed on his knuckles and MS-13 is designated as a terrorist organization. The ban on sending him back to El Salvador is NOT supported by immigration law.
This Xinis is just lawless. Totally lawless.
“...The problem isn’t Garcia, it’s the activist judges....”
Midwesterner53 above put it out a lot better than I could....and without referencing a parachute drop without the parachute.... They should take the AWFL in Maryland right along with him just for good measure..spit.
I thought the supreme court already decided Trump can hold gang affiliated illegal aliens under the Alien Enemies Act.
Where’s Butler Aviation when you need them?
Every illegal they can keep in the US uses up resources fighting the seditious ruling, so the demo-commies will have just that many more illegals to be counted by the census in 2030 for apportionment, keeping the demo-commies count up to retain house seats. It’s all about power and the Trump admin is also cutting into their money they steal from taxpayers to bribe and corrupt, as well as their power if they lose house seats. It’s an existential war for them. Too many non-demo-commie Americans don’t seem to grasp that yet.
He’ll be elected mayor of some Maryland town before long. Just watch.
Until there is a practical way of holding judges and other public servants responsible for their misuse of the authority and power We the People have given them, this sort of abuse will continue.
Impeachment doesn't cut it.
“The problem isn’t Garcia, it’s the activist judges.”
******************************************
The problem isn’t activist judges, it’s that idiot worst AG ever, Pam Blondie. The stupidest, most moronic move ever was bringing him back to the US after he was out of our hair. WITH was she thinking? This activist judge wouldn’t even be involved if not for the idiot.
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