TBA Law Blog


Posted by: Azya Thornton on Feb 18, 2026

A federal judge ruled Tuesday that U.S. Immigration and Customs Enforcement (ICE) cannot re-detain Kilmar Abrego Garcia now that a 90-day detention period has expired because the government has no viable plan for deporting him, the Associated Press reports. U.S. District Judge Paula Xinis of Maryland wrote in her order that the government “made one empty threat after another to remove him to countries in Africa with no real chance of success. From this, the Court easily concludes that there is no ‘good reason to believe’ removal is likely in the reasonably foreseeable future.” Xinis also noted the government has “purposely — and for no reason — ignored the one country [Costa Rico] that has consistently offered to accept Abrego Garcia as a refugee, and to which he agrees to go.” Abrego Garcia’s attorney has argued the government cannot hold him indefinitely with no viable deportation plan.