A federal judge ruled that the Trump administration cannot re-detain Kilmar Abrego Garcia. U.S. District Judge Paula Xinis wrote that officials made “speedy plans to re-detain him, in violation of certainly the spirit, if not the letter, of that decision.”
“Indeed, since Abrego Garcia secured his release from criminal custody in August 2025, Respondents have made one empty threat after another to remove him to countries in Africa with no real chance of success,” Xinis explained. “At the same time, Respondents purposely—and for no reason ignored the one country that has consistently offered to accept Abrego Garcia as a refugee, and to which he agrees to go.” Costa Rica offered to accept Abrego Garcia last year.
“Respondents have done nothing to show that Abrego Garcia’s continued detention in ICE custody is consistent with due process. Thus, he must remain on the stringent release conditions already imposed by ICE and in the Tennessee Criminal Matter,” the judge added.
“Respondents are ENJOINED from taking Petitioner Kilmar Armando Abrego Garcia into ICE custody,” the ruling says. “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.”
Abrego Garcia was released from custody in December. Xinis wrote at the time, “Because Abrego Garcia has been held in ICE detention to effectuate third-country removal absent a lawful removal order, his requested relief is proper.” The ruling continued, “Separately, Respondents’ conduct over the past months belie that his detention has been for the basic purpose of effectuating removal, lending further support that Abrego Garcia should be held no longer.”
Abrego Garcia has been accused of being an MS-13 gang member.
