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.
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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.
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The government should now engage in a good-faith effort to work out the details of removal to Costa Rica, Sandoval-Moshenberg wrote.
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