Federal Court to Decide Fate of Immigrant Kilmar Abrego Garcia

Mon Feb 02 2026 21:56:14 GMT+0200 (Eastern European Standard Time)

Kilmar Abrego Garcia, recently released from immigration custody, faces new court hearings regarding his potential re-detention as the government navigates claims of deportation options.

Kilmar Abrego Garcia, a Maryland resident and former immigration detainee, is back in the spotlight as a federal judge reviews arguments on whether he should be returned to custody just over a week after his release. Garcia's case has raised significant questions about deportation processes, particularly in light of previous mistakes involving his wrongful deportation to El Salvador. His legal team argues that further detention without a valid removal order would be unconstitutional.

GREENBELT, Md. (AP) — A federal judge is set to hear arguments regarding whether Kilmar Abrego Garcia should be returned to immigration custody just a week after he was released. Garcia, who was mistakenly deported to El Salvador, has been a controversial figure in the ongoing immigration debates in the U.S.

Garcia had been held in immigration detention since August, during which time the government considered various countries for his deportation, including Uganda and Liberia, while failing to acknowledge Costa Rica as an option, which Garcia has been willing to accept. U.S. District Judge Paula Xinis criticized the government's refusal to recognize Costa Rica and suggested that the intentions behind Garcia's previous detention were not aligned with the lawful purpose of timely removal.

Judge Xinis previously ruled for Garcia's release on December 11, highlighting that no valid order of removal had been issued for him. With a background as an immigrant from El Salvador, his case reflects not only personal consequences but broader implications for immigration policies in the U.S.

Though Garcia's case is currently before the courts, government attorneys argue that his ongoing detention is justified due to the absence of a final order of removal. His lawyers countered with the assertion that indefinite detention without a goal of foreseeable removal is punitive and thus unconstitutional.

The complexities of Garcia's situation are further complicated by his family ties in the U.S., where he has an American wife and child and has lived for years. His future remains uncertain as the court continues to review the conflicting arguments put forth by both sides.