A federal judge ruled Tuesday that Kilmar Abrego Garcia can’t be re-detained by U.S. Immigration and Customs Enforcement because the 90-day legal limit of detention has expired.
U.S. Maryland District Judge Paula Xinis based the ruling on the constitutional right to due process for Abrego Garcia, a Maryland resident who was wrongfully deported nearly a year ago.
The Maryland father, age 31, was mistakenly deported by the Trump administration to his native country, El Salvador, in March of 2025. Abrego Garcia had fled to the U.S. at age 16 to avoid gang persecution, and was granted asylum.
Despite that legal protection, the Trump administration justified Abrego Garcia’s deportation, citing alleged gang ties. He became the face of due process in immigration battles across the country.
The Trump administration had 90 days to deport Abrego Garcia from U.S. detainment, the ruling said, but the detention period has now expired.
“If the noncitizen is not removed during the removal period or the three months thereafter, his continued detention may violate due process, and his release may be constitutionally compelled,” Xinis wrote in her memorandum.
Xinis also referred to the Trump administration’s threats to deport Abrego Garcia to “countries in Africa with no real chance of success.”
Throughout the case, the Department of Homeland Security has been advocating for Abrego Garcia’s deportation.
“If this matter were actually about the law or due process, Kilmar Abrego Garcia would already be deported and would never set foot in this country again,” DHS Assistant Secretary for Public Affairs Tricia McLaughlin said in a Tuesday email to CNS.
Throughout Abrego Garcia’s case, some Democrats have pushed back against the Trump administration’s rise in immigration crackdowns.
“Judge Xinis saw right through the Trump administration’s latest attempts to deny Kilmar Abrego Garcia his constitutional right to due process, appropriately blocking them from locking him up again without cause,” Sen. Chris Van Hollen (D-Md.) said in a Tuesday email to Capital News Service.
Sen. Angela Alsobrooks (D-Md.) also voiced her support for the ruling.
“The sequence of events in the deportation and return of Kilmar Abrego Garcia was a lesson that the rule of law and due process will continue to prevail in America,” she said in an email.
Xinis emphasized that the Trump administration “purposely – and for no reason – ignored” the fact that Costa Rica agreed to serve as asylum for Abrego Garcia in her Thursday ruling.
Abrego Garcia was released from custody in mid-December, according to his attorney.
His lawyer, Simon Sandoval-Moshenberg told CNS in a statement that Xinis’s recognition of his ability to be deported to Costa Rica was an important factor in the defense.
“If the government were truly trying to remove Mr. Abrego Garcia from the United States, they would have sent him to Costa Rica long before today,” Sandoval-Moshenberg said. “Instead, they’re flailing about trying to deport him to Africa – why?”
“It’s clear that the only reason is to punish him for having the courage to stand up for his rights,” he said.