Federal Judge Blocks Re-Arrest of Salvadoran Immigrant

A federal judge has prevented the Trump administration from re-arresting Salvadoran immigrant Kilmer Abrego Garcia. This decision comes just before he was set to appear in Nashville for an important court date related to another criminal matter.

U.S. District Judge Paula Kisinis transformed a previous emergency order, which halted ICE from re-detaining Abrego-Garcia, into a longer-term injunctive relief that his legal team had requested.

In her remarks on Tuesday, Judge Kisinis pointed out that the administration did not provide adequate justification for any plans to extradite him to a foreign country in the near future. She described the government’s attempts as a series of “empty threats” regarding his removal to African nations with little chance of success.

This ruling allows Abrego-Garcia to proceed with a crucial hearing in Nashville next week to address whether his criminal case should be dismissed due to “retaliatory” and selective prosecution.

Abrego-Garcia will remain incarcerated for now while awaiting a hearing based on the judge’s guidance.

Judge Kisinis criticized the government for failing to demonstrate that Abrego-Garcia’s ongoing detention by ICE was in line with due process standards. She noted, “Defendants have done nothing to prove that Mr. Abrego-Garcia’s continued detention is justified.”

The judge established that the administration’s efforts to transfer Abrego-Garcia to four different African countries—between August when he was taken by ICE, and December when he was ordered released—were without merit.

The Justice Department and Department of Homeland Security had not responded to inquiries regarding this situation.

Moreover, Kisinis expressed disapproval over the government’s “phantom expulsion” strategy to remove Abrego-Garcia to a third African nation, particularly as they did not call for his immediate removal to Costa Rica, considered a priority location for transfer.

In her words, since August 2025, when Abrego-Garcia was released from criminal custody, there have simply been “empty threats” to relocate him to African nations, each lacking viable prospects.

Abrego-Garcia’s attorney is seeking the judge’s permission to bring him back to Maryland while his criminal matter continues.

Prior attempts by the Trump administration to extradite him to places like Liberia, Eswatini, and Uganda were unsuccessful.

Judge Kisinis had indicated in late November that the government could not go ahead with removal actions without a definitive removal order, a point she reiterated recently.

As such, he will have to continue under the strict conditions set forth by the court regarding both his ICE detention and the Tennessee criminal case.

US Judge Promises to Make a Decision on Abrego-Garcia’s Situation Soon

Abrego-Garcia’s legal troubles have been a focal point of national attention since March. That’s when he was deported to El Salvador, contradicting a 2019 court ruling, attributed by authorities to an “administrative error.” Afterward, he was returned to the U.S. in June and subsequently taken into custody in Nashville, facing human smuggling allegations from a 2022 incident.

The Justice Department began investigating the case while he was imprisoned in El Salvador, even as government attorneys suggested the court had no authority to order his return.

A forthcoming hearing in Nashville will concentrate on a motion to dismiss Abrego-Garcia’s criminal charges based on claims of retaliatory prosecution.

U.S. District Judge Waverly Crenshaw, overseeing the matter, acknowledged in October the potential for vindictiveness in the pursuit of charges against Abrego-Garcia.

Crenshaw mandated the Trump administration to submit internal documents and allow government witnesses to discuss the motives behind filing the lawsuit.

The DHS and Justice Department have indicated that they plan to contest Kisinis’ ruling.

Trump officials have been openly critical of Kisinis and other judges involved in deportation matters. In response to earlier judicial orders, DHS Assistant Secretary Tricia McLaughlin commented that the ruling lacked legal foundation and promised vigorous challenges in court.