Judge Extends Restraining Order Blocking ICE from Re-Detaining Salvadoran Migrant Kilmar Abrego Garcia
WASHINGTON, D.C. — A federal judge on Monday extended a temporary restraining order that prevents the Immigration and Customs Enforcement (ICE) from immediately re-detaining Kilmar Abrego Garcia, a Salvadoran migrant caught in a protracted legal dispute over his removal from the United States. U.S. District Judge Paula Xinis, who has overseen Abrego Garcia’s civil case since March, expressed frustration over the government’s failure to produce a final removal order, a prerequisite for his detention and deportation.
The hearing concluded with little new information regarding the deportation documents or the government’s intended destination for Abrego Garcia’s removal. Despite repeated court orders, the Justice Department has not clarified its plans, prompting Xinis to maintain the restraining order she initially issued earlier this month. That order led to Abrego Garcia’s release from ICE custody and barred immediate re-detention.
“I don’t know what the government’s position is,” Xinis said during the hearing, her tone marked by exasperation. The judge set a firm deadline of Friday, December 26, for the Justice Department to submit comprehensive details about the deportation order and the designated country for removal. This deadline falls just after Christmas, underscoring the urgency she places on resolving the matter.
Lawyers representing Abrego Garcia reiterated that their client’s preferred country of removal is Costa Rica, which had agreed to accept him in August. However, government officials previously told the court that Costa Rica rescinded this offer. A subsequent declaration from a government official in Costa Rica clarified that the country had not withdrawn its acceptance. Judge Xinis sharply criticized the government’s “persistent refusal to acknowledge Costa Rica as a viable removal option,” and condemned threats to deport Abrego Garcia to African countries that never agreed to receive him. She also called out what she described as “misrepresentations” by the government concerning the removal plans.
The case has drawn attention due to its complex legal and humanitarian dimensions. Abrego Garcia was deported to El Salvador in March, a move later acknowledged by Trump administration officials as an “administrative error.” Since then, his detention and removal proceedings have been fraught with procedural challenges and conflicting government statements. The Department of Justice has been ordered to provide additional information by the end of the month, while the plaintiffs must also submit further documentation.
This case highlights ongoing tensions within U.S. immigration enforcement, particularly regarding the treatment of migrants and the legal standards governing removal orders. The Department of Homeland Security oversees ICE operations, and this case underscores the challenges faced in balancing enforcement with due process.
Judge Xinis vowed to issue a ruling “as quickly as possible,” signaling that a decision on Abrego Garcia’s fate could come soon. Until then, the temporary restraining order remains in effect, preventing ICE from taking immediate action against the Salvadoran migrant. The case remains a focal point for immigration advocates and legal observers monitoring the administration’s handling of deportations.
For more information on immigration policies and enforcement, visit the ICE factsheets and the Department of Homeland Security immigration statistics pages.
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