U.S. Immigration and Customs Enforcement cannot re-detain Kilmar Abrego Garcia because a 90-day detention period has expired and the government has no viable plan for deporting him, a federal judge ruled on Tuesday.
The Salvadoran national’s case has become a focal point in the immigration debate after he was mistakenly deported to his home country last year. Since his return, he has been fighting a second deportation to a series of African countries proposed by Department of Homeland Security officials.
The government “made one empty threat after another to remove him to countries in Africa with no real chance of success,” U.S. District Judge Paula Xinis, in Maryland, wrote in her Tuesday order. “From this, the Court easily concludes that there is no ‘good reason to believe’ removal is likely in the reasonably foreseeable future.”
Homeland Security did not immediately respond to a request for comment on Tuesday.
Abrego Garcia has an American wife and child and has lived in Maryland for years, but he immigrated to the U.S. illegally as a teenager. In 2019, an immigration judge ruled that he could not be deported to El Salvador because he faced danger there from a gang that had threatened his family. By mistake, he was deported there anyway last year.
Facing public pressure and a court order, President Donald Trump’s administration brought him back in June, but only after securing an indictment charging him with human smuggling in Tennessee. He has pleaded not guilty. Meanwhile, Trump officials have said he cannot stay in the U.S. In court filings, officials have said they intended to deport him to Uganda, Eswatini, Ghana, and Liberia.
In her Tuesday order, Xinis noted the government has “purposely — and for no reason — ignored the one country that has consistently offered to accept Abrego Garcia as a refugee, and to which he agrees to go.” That country is Costa Rica.
Abrego Garcia's attorney, Simon Sandoval-Moshenberg, argued in court that immigration detention is not supposed to be a punishment. Immigrants can only be detained as a way to facilitate their deportation and cannot be held indefinitely with no viable deportation plan.
“Since Judge Xinis ordered Mr. Abrego Garcia released in mid-December, the government has tried one trick after another to try to get him re-detained,” Sandoval-Moshenberg wrote in an email on Tuesday. “In her decision today, she recognized that 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.”
The government should now engage in a good-faith effort to work out the details of removal to Costa Rica, Sandoval-Moshenberg wrote.
US federal judge rules Kilmar Abrego Garcia can’t be re-detained by immigration authorities
https://arab.news/bt4kh
US federal judge rules Kilmar Abrego Garcia can’t be re-detained by immigration authorities
- Abrego Garcia has an American wife and child and has lived in Maryland for years
Kabul shakes as 5.8-magnitude earthquake hits eastern Afghanistan
- The 5.8-magnitude quake struck a mountainous area around 130 kilometers northeast of Kabul
- Earthquakes are common in Afghanistan, particularly along the Hindu Kush mountain range
KABUL: A strong earthquake rocked eastern Afghanistan including the capital Kabul on Friday, AFP journalists and residents said.
The 5.8-magnitude quake struck a mountainous area around 130 kilometers (80 miles) northeast of Kabul, the United States Geological Survey said.
The epicenter was near several remote villages and struck at 5:39 p.m. (1309 GMT), just as people in the Muslim-majority country were sitting down to break their Ramadan fast.
“We were waiting to do our iftars, a heavy earthquake shook us. It was very strong, it went on for almost 30 seconds,” said Zilgay Talabi, a resident of Khenj district near of the epicenter.
“Everyone was horrified and scared,” Talabi told AFP, saying he feared “landslides and avalanches” may follow.
Power was briefly cut in parts of the capital, while east of Kabul an AFP journalist in Nangarhar province also felt it.
Earthquakes are common in Afghanistan, particularly along the Hindu Kush mountain range, near where the Eurasian and Indian tectonic plates meet.
Haqmal Saad, spokesman for the Panjshir province police, described the quake as “very strong” and said the force was “gathering information on the ground.”
Mohibullah Jahid, head of Panjshir Natural Disaster Management agency, told AFP he was in touch with several officials in the area.
The district governor had told him there were reports of “minor damage, such as cracks in the walls, but we have not received anything serious, such as the collapse of houses or anything similar,” Jahid said.
Residents in Bamiyan and Wardak provinces, west of Kabul, told AFP they also felt the earthquake.
In Pakistan’s Khyber Pakhtunkhwa province, rescue service official Bilal Ahmad Faizi said the quake was felt in border areas.
In August last year, a shallow 6.0-magnitude quake in the country’s east wiped out mountainside villages and killed more than 2,200 people.
Weeks later, a 6.3-magnitude quake in northern Afghanistan killed at least 27 people.
Large tremors in western Herat, near the Iranian border, in 2023, and in Nangarhar province in 2022, killed hundreds and destroyed thousands of homes.
Many homes in the predominantly rural country, which has been devastated by decades of war, are shoddily built.
Poor communication networks and infrastructure in mountainous Afghanistan have hampered disaster responses in the past, preventing authorities from reaching far-flung villages for hours or even days before they could assess the extent of the damage.
