Judge to hear arguments over whether ICE can re-detain Kilmar Abrego Garcia
Kilmar Abrego Garcia attends a rally for him as he arrives for his first check-in at the U.S. Immigration and Customs Enforcement Baltimore Field Office the day after a federal judge ordered his release from a detention in Pennsylvania, on December 12, 2025 in Baltimore, Maryland. (Photo by Chip Somodevilla/Getty Images)
(NEW YORK) — The federal judge overseeing Salvadoran native Kilmar Abrego Garcia’s immigration case is scheduled to hear arguments Monday over whether ICE should be allowed to re-detain Abrego Garcia while the government attempts to deport him to Liberia or another country.
Abrego Garcia was released on Dec. 11 after the judge, U.S. District Judge Paula Xinis, found the government had detained him “without lawful authority.”
In part, Judge Xinis said he had not been issued a formal order of removal during his immigration proceedings in 2019, when a judge also barred the government from deporting him to his native El Salvador due to his fear of persecution.
Following Abrego Garcia’s release, an immigration judge “corrected” the error and added a removal order to his record, finding that it “was erroneously omitted.”
Abrego Garcia, who had been living in Maryland with his wife and children, was deported in March to El Salvador’s CECOT mega-prison, despite the 2019 court order barring his removal to that country, after the Trump administration claimed he was a member of the criminal gang MS-13, which he denies.
He was brought back to the U.S. in June to face human smuggling charges in Tennessee, after which Judge Xinis released him from ICE detention while he awaits trial. He is scheduled to go to trial on the Tennessee charges, to which he has pleaded not guilty, in January.
On Friday, his attorneys filed a motion seeking sanctions against the Trump administration for allegedly violating a court order that barred officials from making extrajudicial statements that could impact the case. After Abrego Garcia’s release from ICE detention, Chief Border Patrol Agent Gregory Bovino called him an “alien smuggler” and “wife beater” on national TV, his attorneys said.
A woman looks on at a memorial for Renee Good who was shot and killed by an ICE agent last month, February 12, 2026 in Minneapolis, Minnesota. (Stephen Maturen/Getty Images)
(WASHINGTON) — The acting head of Immigration and Customs Enforcement says that two of its officers appear to have made “untruthful statements” about shooting a migrant in Minnesota and may face federal charges for their actions.
“Today, a joint review by ICE and the Department of Justice (DOJ) of video evidence has revealed that sworn testimony provided by two separate officers appears to have made untruthful statements,” Acting ICE Director Todd Lyons said in a statement.
“Both officers have been immediately placed on administrative leave pending the completion of a thorough internal investigation. Lying under oath is a serious federal offense. The U.S. Attorney’s Office is actively investigating these false statements,” the statement said.
“The men and women of ICE are entrusted with upholding the rule of law and are held to the highest standards of professionalism, integrity, and ethical conduct. Violations of this sacred sworn oath will not be tolerated. ICE remains fully committed to transparency, accountability, and the fair enforcement of our nation’s immigration laws,” Lyons added.
The statement from Lyons comes a day after the top federal prosecutor in Minnesota asked a judge to dismiss charges against two men, including one who was shot in the leg by an immigration agent, citing “newly discovered evidence” in what was initially framed as a “violent” attack on law enforcement during an enforcement operation.
“Newly discovered evidence in this matter is materially inconsistent with the allegations in the complaint affidavit. … as well as the preliminary-hearing testimony,” U.S. Attorney for the District of Minnesota Daniel Rosen wrote in the filing Wednesday evening. It remains unclear what specific new evidence Rosen was referencing.
Rosen has asked the court to dismiss the case with prejudice, meaning the charges cannot be refiled.
“Accordingly, dismissal with prejudice will serve the interests of justice,” Rosen wrote.
In the wake of the shooting on Jan. 14 — a week after an ICE agent fatally shot Renee Good in Minneapolis — the Trump administration said the man who was shot, Julio Cesar Sosa-Selis, attacked a federal law enforcement officer with a “shovel or a broom stick” and that the incident was part of “an attempt to evade arrest and obstruct law enforcement.”
Lawyers for another man charged in the incident, Alfredo Aljorna, said surveillance videos did not corroborate the FBI’s claims that an agent was assaulted and said Sosa-Celis was shot while standing at his doorway some distance away from the officer.
Earlier this month attorneys for Aljorna also urged a judge to prohibit the government from deporting key witnesses who they said cast doubt that an agent was repeatedly struck with a broom or a snow shovel, Judge Paul Magnuson granted the request.
The reversal on the assault charges for Sosa-Celis and Aljorna comes after several discrepancies emerged between statements from Department of Homeland Security officials and details outlined in court records regarding their arrests.
DHS initially said in statements to media that officers were conducting a “targeted traffic stop” for Sosa-Celis when he fled in his vehicle, crashed into another car and attempted to evade arrest. The agency alleged that Sosa-Celis “violently” assaulted an officer and that two other individuals exited a nearby apartment and joined the attack “with a snow shovel and broom handle.”
According to DHS, Sosa-Celis struck the officer with “a shovel or broom stick,” prompting the officer to fire what the agency described as a defensive shot “to defend his life,” striking Sosa-Celis in the leg.
However, an affidavit from FBI Special Agent Timothy Schanz, who investigated the shooting, stated that ICE Enforcement and Removal Operations agents were attempting to stop a different man identified as Joffre Stalin Paucar Barrera — not Sosa-Celis — whom they believed was in the country illegally. According to Schanz, agents later identified the driver DHS agents stopped as a different man, Aljorna.
Schanz wrote that Aljorna struck a light pole and fled on foot toward his apartment building.
Sosa-Celis was allegedly standing on the porch and yelling at Aljorna to run faster, the affidavit says. Aljorna slipped and allegedly “began tussling” with the agent before Sosa-Celis grabbed a broom and began striking the agent, according to the affidavit.
The agent “then saw who he believed was a third Hispanic male approach with a snow shovel, and this male also began striking” him, Schanz said in the affidavit. The third man was identified as Gabriel Alejandro Hernandez-Ledezma by DHS, who accused him of also assaulting the officer.
Sosa-Celis was shot in the leg as he attempted to go inside the apartment, the affidavit says.
Video reviewed by ABC News’ Visual Verification team includes a 911 call from individuals identified as relatives of Sosa-Celis, who said agents fired as he was attempting to close the door.
(NEW YORK) — Another atmospheric river is forecast to pound the Pacific Northwest with several inches of rain on Monday and Tuesday just after a short break in the rain.
Most river levels in Washington and Oregon are now beginning to fall and forecast to remain below major flood stage in the next few days.
A break in heavy rain is forecast on Saturday for Washington and Oregon, but rain will be back on Sunday with the heaviest falling Monday and Tuesday.
Some rivers are forecast to rise again on Wednesday due to this next atmospheric river event. There is no end in sight for this pattern — this is a classic La Nina pattern, and this is a La Nina winter.
Some models are forecasting another 5 to 10 inches of rain in the next seven days for the Pacific Northwest.
Eastern arctic blast Snow and cold alerts are issued for 27 states from Montana to New Jersey and down to Georgia.
A fast-moving storm system is expected to drop several inches of snow on Saturday into the night from the Midwest to the Northeast.
Snow will fall mostly in the Midwest from Iowa to Ohio and Indiana on Saturday, missing Chicago but hitting hard Indianapolis and Cincinnati where a winter storm warning has been issued.
Parts of the Midwest could see up to a half a foot of snow.
Later Saturday, in the early evening, snow and rain will arrive to I-95 corridor.
Rain will change to snow in New York City and Philadelphia late Saturday with heaviest snow falling after midnight and into the early morning hours.
A winter weather advisory has been issued for Washington, D.C., Philadelphia and New York City for 1 to as much as 4 inches of snow.
If New York City and Philadelphia get at least 2 inches of snow, this would be the heaviest snow this early in the season since 2018.
Washington D.C. already saw snow this season, and is forecast to get 1 to 3 inches.
The snow is over by mid morning for the East Coast as the bitter cold takes over.
Extreme cold watches and warnings have been issued from the Dakotas all the way to Alabama.
In the Dakotas and Minnesota, the wind chill could drop as low as 45 below zero with actual temperature in the 20s below zero.
Even for Charleston, South Carolina, an extreme cold watch has been issued, where the wind chill could drop to 10 degrees.
Mohsen Mahdawi, a Columbia University student and Palestinian activist, who was arrested by US immigration authorities in mid-April 2025, attends the inauguration ceremony at City Hall in New York, United States, on January 1, 2026. (Selcuk Acar/Anadolu via Getty Images)
(NEW YORK) — For the second time in a little more than a week, attorneys have announced that an immigration court has terminated deportation proceedings against a pro-Palestinian student after Secretary of State Marco Rubio claimed they posed a threat to foreign policy.
According to a letter filed in court, attorneys for Mohsen Mahdawi, the Columbia University student who was detained at his naturalization interview in April, a judge has found that the Department of Homeland Security “did not meet its burden of proving by clear and convincing evidence” that he is removable.
It comes after an immigration court terminated removal proceedings against Tufts University Ph.D. student Rümeysa Öztürk. Her attorneys announced the order in a letter to the federal judge overseeing the case challenging her detention on Feb. 9.
For Mahdawi’s case, immigration judge Nina Froes appears to have based her decision on the finding that DHS failed to authenticate a memo allegedly signed by Rubio claiming Mahdawi was a threat to U.S. foreign policy.
Mahdawi’s attorneys have argued that, like other pro-Palestinian demonstrators, organizers and students, he was being targeted for his constitutionally protected speech.
Öztürk, like Mahdawi, was also labeled a foreign policy risk by Rubio in a memo.
Both cases can be appealed by the Trump administration, so their habeas petitions will likely continue to play out in federal court.
“I am grateful to the court for honoring the rule of law and holding the line against the government’s attempts to trample on due process,” Mahdawi said in a statement. “This decision is an important step towards upholding what fear tried to destroy: the right to speak for peace and justice.”
“In a climate where dissent is increasingly met with intimidation and detention, today’s ruling renews hope that due process still applies and that no agency stands above the Constitution,” he added.
In response to a request for comment about both cases, the Department of Homeland Security sent a previous statement about Mahdawi and said: “It is a privilege to be granted a visa or green card to live and study in the United States of America. When you advocate for violence, glorify and support terrorists that relish the killing of Americans, and harass Jews, that privilege should be revoked, and you should not be in this country. No activist judge, not this one or any other, is going to stop us from doing that.”
Mahdawi was detained in Vermont last spring during his citizenship interview. Arguing that he should continue to be detained, lawyers for the Trump administration pointed to a 2015 FBI investigation, in which a gun shop owner alleged that Mahdawi had claimed to have built machine guns in the West Bank to kill Jews.
However, the FBI closed that investigation and Mahdawi was never charged with any crime, a point a federal judge highlighted when he ordered Mahdawi’s release.
In response to the government’s allegations against him, Mahdawi and his lawyers have firmly refuted allegations that he ever threatened Israelis or those of the Jewish faith. He told ABC News he has been advocating for peace and protesting against the war in Gaza.
“So for them to accuse me of this is not going to work, because I am a person who actually has condemned antisemitism,” Mahdawi said. “And I believe that the fight against antisemitism and the fight to free Palestine go hand in hand, because, as Martin Luther King said, injustice anywhere is a threat to justice everywhere.”
Öztürk was detained in March by masked federal agents, and the arrest was captured on camera. Attorneys representing her said she was targeted, like other high-profile arrests of students, for her Pro-Palestinian views, specifically, for co-authoring an Op-Ed in the student paper in March 2024 calling on the school’s administration to take steps to “acknowledge the Palestinian genocide.”
A federal judge ordered her release in May.
“Today, I breathe a sigh of relief knowing that despite the justice system’s flaws, my case may give hope to those who have also been wronged by the U.S. government,” Öztürk said in a statement on Feb. 9. “Though the pain that I and thousands of other women wrongfully imprisoned by ICE have faced cannot be undone, it is heartening to know that some justice can prevail after all.”
