A federal judge has issued a significant ruling that Immigration and Customs Enforcement (ICE) is prohibited from re-detaining Kilmar Abrego Garcia, a Salvadoran national whose case has drawn widespread attention in the ongoing immigration debate. The decision, handed down on Tuesday, 17 February 2026, cites the expiration of a mandatory 90-day detention period and the government's lack of a viable plan to deport him as key factors.
Deportation Error and Legal Battle
The case centres on a critical error last year when Abrego Garcia was mistakenly deported to El Salvador, despite a 2019 immigration judge's ruling that he could not be sent there due to facing danger from a gang that had threatened his family. Since his return to the United States, he has been embroiled in a legal fight against a second deportation effort proposed by Department of Homeland Security officials, which aimed to send him to a series of African countries.
Personal Circumstances and Background
Kilmar Abrego Garcia has deep ties to the United States, including an American wife and child, and has resided in Maryland for many years. However, he originally immigrated to the U.S. illegally as a teenager, which has complicated his immigration status. His situation highlights the complexities and human impacts of immigration enforcement policies.
Judge's Rationale and Implications
In the ruling, the federal judge emphasised that the 90-day statutory detention period had lapsed, and the government failed to present a feasible deportation strategy. This decision underscores legal protections against indefinite detention and could set a precedent for similar cases involving deportation errors and prolonged detention without clear removal plans.
The Associated Press reported this development, noting that it adds to the broader discourse on immigration reform and enforcement practices. As debates continue, this case serves as a poignant example of the challenges faced by individuals caught in the immigration system.
