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Federal judge rules Kilmar Abrego Garcia can’t be re-detained by immigration authorities

  • On Tuesday, Feb 17, 2026, U.S. District Judge Paula Xinis barred Immigration and Customs Enforcement from re-detaining Kilmar Abrego Garcia due to a lack of a workable deportation plan within the detention period.
  • Kilmar Abrego Garcia was mistakenly deported to El Salvador last year despite facing danger there and was returned to the U.S. federal court before his Dec. 12, 2025 release.
  • The judge criticized the government for ignoring Costa Rica's offer and pursuing removal to Uganda, Eswatini, Ghana, and Liberia, with officials feigning ignorance about their plan.
  • The court may convert the temporary injunction on rearrest into a permanent order or dissolve it, and the government has until Friday to clarify its plans for Petitioner Kilmar Armando Abrego Garcia.
  • As a result, the case has become central to immigration debates, constraining ICE's detention power without realistic removal plans and spotlighting the Tennessee criminal case, which may be vindictive.
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Washington Times broke the news in United States on Tuesday, February 17, 2026.
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