Feb 17 • 19:35 UTC 🇬🇧 UK Guardian

ICE cannot re-detain Kilmar Ábrego García, judge rules

A federal judge has ruled that ICE cannot re-detain Kilmar Ábrego García due to an expired detention period and lack of a clear deportation plan.

A federal judge in Maryland has ruled against the Immigration and Customs Enforcement (ICE) agency's attempt to re-detain Kilmar Ábrego García, stating that their initial 90-day detention period has lapsed without an actionable plan for his deportation. This case has attracted significant attention in the ongoing immigration debate, particularly as Ábrego García, a Salvadorian national who was mistakenly deported last year, is now fighting against a proposed second deportation to several African countries.

Judge Paula Xinis criticized the government's handling of the case, claiming that the Department of Homeland Security has repeatedly issued threats to deport Ábrego García to nations in Africa, but has not demonstrated a realistic likelihood of accomplishing this goal. The judge's order indicates a lack of confidence in the government’s ability to proceed with the deportation, highlighting the complexities and challenges faced in immigration enforcement.

Having resided in Maryland for years alongside his American wife and child, Ábrego García's case emphasizes the human element of immigration policies and the ramifications of government actions on individuals and families. This ruling may set a precedent for similar immigration cases and sparks further discussion on the effectiveness and ethical considerations of current deportation practices.

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