Table of Contents
- Who Is Abrego Garcia—and Why Is He Still Detained?
- Judge’s Scathing Critique of Government’s Shifting Arguments
- The Costa Rica Solution the Government Ignored
- A Twisted Timeline of Errors and Detentions
- What This Case Means for Immigration Enforcement
- Sources
Abrego Garcia: A Man Caught in a Web of Bureaucratic Chaos
Kilmar Armando Abrego Garcia, a Salvadoran national married to a U.S. citizen and living in Maryland, has become the unlikely center of a high-stakes legal battle that’s exposing deep flaws in the Trump administration’s immigration enforcement machinery.
Despite being granted protection from deportation to El Salvador in 2019 due to credible fear for his life, Abrego Garcia was wrongfully deported there in early 2025—an error the government later admitted was “administrative.” After months in Salvadoran prisons, the Supreme Court ordered his return to the U.S. in June 2025.
Yet instead of freedom, he was met with new criminal charges and placed back in immigration detention. Now, a federal judge is signaling that his prolonged confinement may soon end.
Judge Xinis: “Totally Inconsistent” and “A Joke”
During a six-hour hearing on Friday, October 10, 2025, U.S. District Judge Paula Xinis minced no words in her assessment of the Trump administration’s case to keep Abrego Garcia detained.
“You’re not even close,” she told government attorneys. “We’re getting to ‘three strikes and you’re out.’” She later added, “This is a joke for anyone who’s listening,” after ICE’s key witness admitted he knew “less than nothing” about viable deportation options.
The judge’s frustration centered on the administration’s constantly shifting rationale. One day, Eswatini was the destination. The next, Uganda. Then Ghana. But none had agreed to accept Abrego Garcia—and in Ghana’s case, the foreign minister publicly stated on social media that the country “is not accepting Abrego Garcia.”
The Costa Rica Option: A Simple Fix Ignored
For weeks, Abrego Garcia has offered a straightforward resolution: deport him to Costa Rica, where he has been granted legal residency and guaranteed protection from being sent back to El Salvador.
Yet the Trump administration has refused—even though it would legally satisfy deportation requirements and end his detention. Shockingly, during Friday’s hearing, ICE’s deputy director John Schultz admitted he was unaware Costa Rica had made such assurances.
“You came here today with a witness who knows nothing about Costa Rica,” Judge Xinis said, incredulous. “Help yourself dig out of this hole.”
Timeline: How One Mistake Led to Months Behind Bars
| Date | Event |
|---|---|
| 2019 | Immigration court grants Abrego Garcia protection from deportation to El Salvador. |
| Early 2025 | Trump officials mistakenly deport him to El Salvador. |
| June 2025 | Supreme Court orders his return to the U.S. |
| August 2025 | Briefly released for 3 days after two judges rule against continued detention. |
| October 10, 2025 | Judge Xinis signals imminent release unless government shows lawful deportation plan. |
Why This Case Matters Beyond One Man
Abrego Garcia’s ordeal isn’t just about one wrongful deportation—it’s a window into how immigration enforcement can spiral into punitive overreach when accountability is absent.
Notably, a federal judge in Nashville previously found the criminal charges against him—alleging immigrant smuggling—likely stemmed from “vindictive prosecution,” suggesting retaliation for his legal victories.
If Judge Xinis orders his release, it would mark the third judicial rebuke of the Trump administration in this case and could set a precedent for challenging arbitrary detention under the guise of immigration control.
For now, Abrego Garcia remains in custody—but his freedom may be closer than ever.
