Kilmar Abrego Garcia, a native of El Salvador, has been taken into U.S. Immigration and Customs Enforcement (ICE) custody and is facing possible deportation to Uganda, the Department of Homeland Security (DHS) announced. His case has quickly escalated into a legal battle after a federal court intervened to temporarily block his removal.
Abrego Garcia was mistakenly deported to El Salvador in March, where he was held in a notorious prison for months before being returned to the United States in June. Upon his return, he was jailed on federal human smuggling charges but later released by a judge ahead of his January trial. Just three days after regaining his freedom, ICE detained him again during a scheduled check-in at their Baltimore office.
His attorney, Simon Sandoval-Moshenberg, strongly criticized the move, saying Abrego Garcia was already under electronic monitoring and effectively on house arrest. “The only reason they’ve chosen to take him into detention is to punish him for exercising his constitutional rights,” Sandoval-Moshenberg argued. His legal team has since filed a new lawsuit challenging both his detention and the potential deportation before he has the chance to stand trial in immigration court.
A U.S. district court in Maryland issued an emergency order halting Abrego Garcia’s deportation or transfer to another facility, at least for now. Judge Paula Xinis, who is presiding over the case, has restricted the Trump administration from moving him while his lawsuit is pending.
The Department of Homeland Security insists that Abrego Garcia is a member of the MS-13 gang, an accusation his family denies. Homeland Security Secretary Kristi Noem said he is “being processed for removal to Uganda,” citing a recent agreement with Uganda to accept some deportees. She described him as a dangerous individual who should no longer remain in the U.S.
However, his lawyers argue that the government is using deportation threats as leverage. They revealed that prosecutors previously offered him a plea deal tied to deportation to Costa Rica, only to later introduce Uganda as a possible destination. Sandoval-Moshenberg said this was “clear evidence” of the immigration system being weaponized.
The case has also drawn political attention. Senator Chris Van Hollen of Maryland, who earlier advocated for Abrego Garcia’s return from El Salvador, accused the administration of “malicious abuse of power.” Maryland Governor Wes Moore added that such cases should be decided by judges, not by executive officials.
For now, the court order means Abrego Garcia’s deportation is on hold, as his legal fight and federal trial continue.
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