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Judge Blocks ICE From Re-Detaining Abrego Garcia as DHS Orders One‑Year Detention Reviews for Refugees

The moves sharpen a looming appellate clash over due process in immigration detention.

Overview

  • U.S. District Judge Paula Xinis enjoined ICE from taking Kilmar Abrego Garcia back into custody, finding the government failed to show his removal was likely in the reasonably foreseeable future.
  • Xinis criticized officials for pursuing unsuccessful third‑country removals while disregarding Costa Rica’s offer to accept Abrego Garcia, and she authorized his travel for required court appearances in Tennessee.
  • A DHS memo dated Feb. 18 instructs ICE to detain refugees who have not adjusted to lawful permanent residency at the one‑year mark for re‑vetting, allowing custody to continue through the inspection process.
  • The directive reverses prior practice that did not treat a missed one‑year adjustment as a basis for detention, drawing immediate legal and advocacy backlash over its potential impact on thousands of lawfully admitted refugees.
  • Separate rulings by federal judges, including Sunshine Sykes in California and John Tunheim in Minnesota, have curtailed mass detention tactics, ordered bond access and releases, and set the stage for further appeals and nationwide litigation.