U.S. District Judge Paula Xinis determined Tuesday that federal immigration officials cannot re-detain Kilmar Abrego Garcia while he faces an indictment on human smuggling charges, concluding there is no realistic prospect of removal in the near term.

Xinis, appointed to the bench in 2016 by Barack Obama, found the government failed to present a viable plan to deport Abrego Garcia. Unless a higher court reverses the decision, Immigration and Customs Enforcement is barred from holding him during the pendency of his criminal proceedings.

The case has drawn national attention after Abrego Garcia, a Salvadoran national who entered the country illegally, was arrested, deported to El Salvador, returned to the United States, released, detained again, and released once more. He is currently residing with a relative in Maryland under court-imposed restrictions that limit his movements to work, court appearances, religious services, and medical needs.

Federal prosecutors have charged Abrego Garcia with participating in a smuggling conspiracy from 2016 through 2025, alleging he transported undocumented migrants for profit. The indictment stems in part from a 2022 traffic stop in Tennessee. Court filings also reference prior allegations linking him to the violent gang MS-13, as well as a domestic violence restraining order obtained in 2021.

The administration has reportedly explored removal options to several African nations, including Uganda and Eswatini, though those efforts did not materialize. According to court documents, Costa Rica had indicated a willingness to accept him, but the judge wrote that avenue was not pursued.

In her ruling, Xinis wrote that the record does not support a finding that removal is reasonably foreseeable. The Trump administration retains the option to appeal.

If the decision stands, Abrego Garcia will remain free under court supervision in Maryland until his criminal case proceeds to trial.