Judge Paula Xinis Says She Will Rule ‘Soon’ in High-Stakes Abrego Garcia Case as DHS Eyes Eswatini for Deportation
A federal judge said she will rule soon on whether Kilmar Abrego Garcia—wrongfully deported in March 2025 and later returned after a Supreme Court order—should remain detained while DHS seeks third-country removal options like Eswatini.
Key takeaways
- Wrongful deportation: Kilmar Abrego Garcia was deported on March 15, 2025, while his immigration case remained pending (Wikipedia, Clearinghouse).
- Supreme Court action: The U.S. Supreme Court ordered the government to “facilitate” his return, after which he was brought back (U.S. Supreme Court opinion).
- Third-country plan uncertain: DHS has proposed removal to countries such as Eswatini, Ghana, or Uganda, but those nations have largely rebuffed requests (Notus, Streetcar Suburbs).
- Judge Xinis supervising closely: Judge Paula Xinis demanded proof of active diplomatic efforts and warned indefinite detention without a realistic removal plan may be unlawful (Notus).
Background and timeline
Kilmar Abrego Garcia, a Salvadoran national, was deported from the United States on March 15, 2025 while his legal case remained pending. Reports indicate he was sent to a notorious Salvadoran prison (Wikipedia). His wife filed suit seeking his return; the case escalated to the Supreme Court, which ordered the government to facilitate his return (U.S. Supreme Court opinion; Clearinghouse).
DHS’s third-country removal plan and country responses
In filings and testimony, DHS identified several potential destinations — including Eswatini, Ghana, and Uganda — as alternatives to returning Abrego Garcia to El Salvador or releasing him in the United States (Notus; Streetcar Suburbs).
But witnesses and public statements show those countries have largely declined. Ghana’s foreign minister publicly stated Ghana would not accept Abrego Garcia (Notus). Court filings and testimony indicate Eswatini had not agreed to accept him as of the most recent hearings; Uganda was also reported to have declined (Streetcar Suburbs).
Court oversight and Judge Paula Xinis’s role
U.S. District Judge Paula Xinis has taken an active supervisory role: she ordered senior ICE officials to testify in person and pressed the government to provide evidence of active efforts to secure third-country removal agreements (Notus; Streetcar Suburbs).
Judge Xinis warned that continued detention could become unlawful without a concrete removal plan. Her stance reflects Supreme Court precedent limiting indefinite detention of noncitizens absent a realistic prospect of removal (U.S. Supreme Court).
At a marathon hearing, Judge Xinis told attorneys she would issue a ruling “soon” on whether Abrego Garcia should remain detained, be released, or face other measures while diplomatic efforts continue (Streetcar Suburbs; Notus).
Why Eswatini and other third countries matter
The administration’s pursuit of third-country removal to distant nations like Eswatini represents an assertive use of diplomatic arrangements to accomplish removals when a person’s nationality differs from the accepting country. This strategy depends entirely on foreign governments’ consent; in Abrego Garcia’s case, repeated refusals leave the plan fragile and raise constitutional concerns about prolonged detention (Wikipedia; Notus).
Court filings and ICE testimony show DHS had not secured any country willing to accept Abrego Garcia as of the latest hearings; Costa Rica, cited in some reports, has not finalized any agreement (The Pulse of NH).
Legal and policy stakes: a U.S. immigration policy test
Legal experts view the case as a key test of whether the government can detain someone for extended periods while pursuing third-country removal. It also raises diplomatic and human-rights questions about asking distant nations to accept noncitizens. Advocates argue the initial March 2025 deportation was unlawful and that indefinite detention absent a credible removal plan may violate constitutional protections (Notus; Wikipedia).
Where Abrego Garcia is now
Court papers and reporting indicate Abrego Garcia remains detained in an ICE facility in Pennsylvania as lawyers and judges sort through conflicting orders and diplomatic realities. Judge Xinis has warned the government to demonstrate active removal efforts or risk orders to release him (Streetcar Suburbs; Notus).
Implications for San Diego
San Diego’s immigrant communities, legal service providers, and local officials are watching closely. Potential impacts include:
- Economic: Limits on lengthy detention when third-country removal fails could reduce local detention costs; conversely, expanded third-country removal efforts without diplomatic success may temporarily increase local detention needs.
- Political: The case may influence local debates on due process and immigration policy, shaping voter views and advocacy priorities.
- Social and cultural: Salvadoran and Central American families in San Diego may feel greater anxiety about unexpected removals to distant countries and prolonged family separations.
Practical applications for residents
Community groups and legal clinics in San Diego can take immediate steps:
- Prepare legal aid: Anticipate increased inquiries about third-country removal and detention challenges; update outreach materials and intake protocols.
- Know your rights: Faith groups and community leaders should educate residents on rights during deportation proceedings and how to seek representation.
- Civic engagement: Voters can monitor Judge Xinis’s ruling as an indicator of how courts may balance removal tools with constitutional limits, informing advocacy and policy discussions.
What’s next
Reporting and court filings indicate Judge Xinis will issue a decision soon on detention and removal options. That ruling could set a precedent affecting detention practices, diplomatic removal efforts, and immigrant communities nationwide — including San Diego.
Source documents and reporting
- Notus — “Trump administration Kilmar Abrego Garcia hearing: Ghana, Eswatini”
- Streetcar Suburbs — “Trump administration now wants to remove Abrego Garcia to Eswatini”
- Wikipedia — “Deportation of Kilmar Abrego Garcia”
- Legal Clearinghouse — case summary
- U.S. Supreme Court — opinion ordering facilitation
- The Pulse of NH — reporting on return-to-court appearances
