On February 17, 2026, a federal judge ruled U.S. Immigration and Customs Enforcement (ICE) can’t place a lawful permanent resident in re-detainment. The judge explained that the ninety-day period expired and the government had no viable removal plans. The ruling concludes one of several high-profile immigration enforcement cases that have been ongoing since last year.

Case Background

The case centers around a Salvadoran national who latter immigrated to the U.S. and became a lawful permanent resident, or green card holder. The individual was detained and removed from the U.S. in March 2025. This was even though in 2019, a Maryland judge ruled he couldn’t be removed to El Salvador due to the clear and present dangers he faced. The government later acknowledged they erred in removing him.

The government returned him to the U.S. in June 2025 before indicting him on human trafficking charges. He was placed in re-detainment shortly after. The defendant remained in custody well after a federal judge ordered his release.

Judicial Ruling

In their decision, the judge explained ICE can’t place someone in re-detainment if they don’t have a removal plan in place. The decision reinforces the policy of detention as a holding mechanism for facilitating removal, not as a punishment. Individuals detained by immigration authorities can’t be held indefinitely.

As always, Immigration USA actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, please contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws and policy updates. In an ever-evolving immigration landscape, we’re with you every step of the way.