Judge Says Ruling Is “Soon” in Kilmar Abrego Garcia Case as Government Seeks Third-Country Deportation, Including Eswatini
A U.S. federal judge said she will rule soon in the complex deportation case of Kilmar Abrego Garcia, whose removal to third countries like Eswatini has failed, raising legal questions about indefinite immigration detention and due process.
Key takeaways
- Judge Paula Xinis indicated she would issue a decision “soon” after a marathon hearing about where — or whether — Kilmar Abrego Garcia can be removed.
- The government has identified potential third countries — including Eswatini, Ghana and Uganda — but none have consented to accept him.
- Legal advocates argue the case spotlights the limits on indefinite immigration detention when removal is not imminent.
Background
Kilmar Abrego Garcia is a Salvadoran national whose case has drawn national attention. He was deported to El Salvador in March 2025 and later returned to the U.S. under court orders for prosecution on human smuggling charges after lengthy litigation that reached the U.S. Supreme Court opinion. After being jailed, released on bail, and then detained again, ICE has pursued removal to third countries rather than immediate return to El Salvador due to safety and legal concerns.
Efforts to remove Abrego Garcia to third countries
DHS and ICE officials testified that they contacted several nations as potential destinations, naming Eswatini, Uganda and Ghana. A senior ICE official said Uganda and Eswatini formally refused admission after U.S. outreach.
At one point ICE notified Abrego Garcia he would be sent to Ghana, but Ghana’s foreign minister publicly rejected that claim. The government also explored a conditional arrangement with Costa Rica that would depend on a guilty plea — a plan contested by defense attorneys as raising serious due-process concerns.
All removals to third countries require the receiving government’s explicit consent; to date, no country has agreed to accept Abrego Garcia, leaving ICE without an immediate removal destination.
Legal proceedings and the question of indefinite detention
Judge Paula Xinis has pressed the government to provide documentation of efforts to secure a country willing to accept Abrego Garcia, including records of outreach to Eswatini and other nations. She warned federal counsel that the Supreme Court has set limits on how long noncitizens can be detained when there is no realistic prospect of removal.
“The judge said her upcoming ruling will focus in part on whether removal is ‘imminent’ and whether ongoing detention is lawful.”
The Justice Department told the court there were no immediate plans to deport Abrego Garcia and asked for more time, citing funding issues tied to a possible government shutdown. Judge Xinis denied a request to stay the habeas proceedings, noting habeas law permits the case to proceed while the parties litigate removal efforts.
If the court finds the government has not made a good-faith effort to secure removal, precedent may require ICE to release Abrego Garcia rather than hold him indefinitely — a legal threshold central to the judge’s imminent decision.
Current status
Abrego Garcia remains in ICE custody in Pennsylvania while his attorneys continue to challenge detention and proposed removals. Judge Xinis has not announced a public date but told the parties she would issue a decision “soon” after the marathon hearing, according to reporting by Fox News.
Implications for the Inland Empire, California
Local consequences for the Inland Empire could be significant. The region has a large immigrant workforce and many small businesses that rely on immigrant labor and customers. A ruling that constrains indefinite detention may reduce fear among families, while a decision upholding broad detention authority could spur calls for stronger local protections.
Economic impact: Employers could see shifts in hiring and staffing stability if federal detention policy changes. Social services may face altered demand for family assistance and legal support.
Political and social effects: County and city officials may face heightened pressure to clarify relationships with federal immigration authorities; community groups and faith organizations should prepare for increased demand for legal aid, bond assistance and family reunification services.
Practical advice for residents:
- Seek legal help early from nonprofit centers and immigrant-rights organizations in Riverside and San Bernardino counties.
- Know your rights and keep emergency contact information for lawyers and advocates.
- Support local networks — churches, community centers and advocacy groups — that offer legal and social services.
Sources and reporting notes
This article draws on court reporting and public testimony from multiple outlets and primary documents, including:
- Fox News
- Notus
- Streetcar Suburbs
- The Pulse of NH
- Wikipedia: Deportation of Kilmar Abrego Garcia
- U.S. Supreme Court opinion (PDF)
Reporting note: All URLs and factual details in this article reflect public reporting and court filings as cited above. Readers seeking primary documents or direct reporting can follow the links to the original sources.
