By Trendsetter Tribune 
In a major legal defeat for the Trump administration’s immigration enforcement strategy, U.S. District Judge Paula Xinis ruled on Tuesday, February 17, 2026, that Kilmar Abrego Garcia cannot be re-detained by immigration authorities. The judge concluded that the government has no “viable plan” to deport the Salvadoran national, rendering his continued or future detention a violation of due process.
The ruling is the latest chapter in a high-profile saga that has turned Abrego Garcia into a national symbol of the complexities and controversies surrounding current U.S. deportation policies.
The Ruling: “Empty Threats” and 90-Day Limits
Judge Xinis’s order hinges on the legal principle that immigration detention is intended to facilitate deportation, not to serve as indefinite punishment.
- Expired Detention Period: Under federal law, the government generally has a 90-day window to deport an individual once a final order is issued. Xinis noted that this period had long since expired without a successful removal.
- Failure to Secure a Destination: The judge scathingly characterized the government’s efforts to deport Abrego Garcia to various African nations (Uganda, Eswatini, Ghana, and Liberia) as “one empty threat after another” with “no real chance of success.”
- The Costa Rica Option: Xinis highlighted that the government has “purposely—and for no reason—ignored” Costa Rica, which has consistently offered to accept Abrego Garcia as a refugee and where he has expressed a willingness to go.
A Timeline of “Administrative Errors” and Legal Battles
Abrego Garcia’s journey through the U.S. legal system has been marked by unprecedented twists:
- 2019 Protection: An immigration judge ruled he could not be deported to El Salvador due to credible threats from the Barrio 18 gang.
- March 2025 Mistaken Deportation: Despite this protection, he was “mistakenly” deported to El Salvador as part of a high-profile mass-expulsion flight and placed in a notorious mega-prison (CECOT).
- June 2025 Return: Following a Supreme Court-linked order and intense public pressure, the Trump administration brought him back to the U.S.
- The Tennessee Indictment: Upon his return, the government immediately hit him with human smuggling charges in Tennessee, a move his lawyers call “vindictive prosecution.” He has pleaded not guilty.
Key Figures & Reactions
| Entity | Representative | Position |
| Federal Court | Judge Paula Xinis | Barred re-detention; cited lack of a foreseeable deportation date. |
| DHS | Tricia McLaughlin | Criticized ruling as “naked judicial activism” and vowed to appeal. |
| Defense | S. Sandoval-Moshenberg | Argued the government is using “tricks” to punish his client. |
| State of Costa Rica | Foreign Ministry | Remains open to accepting Abrego Garcia as a refugee. |
What Happens Next?
While Abrego Garcia is currently free and residing with his family in Maryland, his legal troubles are far from over:
- The Tennessee Case: He faces a critical evidentiary hearing next week regarding the human smuggling charges. His lawyers are moving to have the case dismissed, citing it as an attempt to justify his initial wrongful deportation.
- The 4th Circuit Appeal: The Department of Homeland Security is expected to appeal Tuesday’s ruling to the Richmond-based U.S. Court of Appeals for the 4th Circuit.