A federal judge on Monday extended a temporary order that bars U.S. immigration officials from re-detaining Kilmar Abrego Garcia, a Salvadoran national who has faced repeated legal battles over his status in the United States.
Judge Paula Xinis’s Decision
U.S. District Judge Paula Xinis confirmed that the order remains in force while she considers her next steps. During the hearing she questioned whether federal officials could be trusted not to repeat the illegal deportation that had already occurred. She expressed frustration, stating she was “growing beyond impatient” with the government’s repeated misrepresentations. “Why should I give the respondents the benefit of the doubt?” Xinis asked, according to the Associated Press.
Abrego Garcia’s Background
Abrego Garcia entered the United States illegally nearly fifteen years ago. He was deported to El Salvador once, violating a 2019 court order that barred his removal there because of safety concerns. The administration has accused him of being an MS-13 gang member, a claim he denies.
Legal History and Supreme Court Involvement
The case quickly escalated to the Supreme Court. In June, the Justice Department unsealed a human smuggling indictment against Abrego Garcia in Tennessee, and he has pleaded not guilty. Earlier in December, Xinis ruled that U.S. Immigration and Customs Enforcement must immediately release him, finding that the agency had no lawful authority to detain him. The next day, she granted his attorneys’ request to bar the administration from attempting to detain him again.
Monday Hearing Details
The hearing focused on whether to keep the temporary restraining order intact. Xinis pressed Justice Department lawyers over the “extremely irregular and extraordinary situation” Abrego Garcia’s case presented, saying she would keep the order in place while she considers her next steps. She asked for a submission from the government by Friday and a response from Abrego Garcia’s lawyers by Dec. 30 before making a ruling. Until then, the order will remain in effect.
Government Proposals and Abrego’s Preferences
While in immigration detention since August, the government had proposed sending Abrego Garcia to Uganda, Eswatini, Ghana or Liberia. He has maintained that he should instead be removed to Costa Rica, a country that offered him refugee status months ago and has been designated as the place to which he wishes to be removed.
Attendance at the Hearing
Abrego Garcia himself attended the hearing with his wife and a legal team that comprised at least half a dozen defense attorneys. In contrast, the government was represented by a lone lawyer, as reported by the Associated Press.
Key Takeaways
- Judge Paula Xinis extended the order preventing ICE from re-detaining Kilmar Abrego Garcia.
- The order remains in place pending government and defense submissions.
- Abrego Garcia seeks removal to Costa Rica, while the government has offered several African countries.
The hearing underscores ongoing tensions between the federal immigration system and individuals who have faced questionable deportation practices. The case remains a focal point for discussions about the administration’s approach to immigration enforcement and the rights of migrants.
