Kilmar Abrego Garcia has been taken into custody by Immigration and Customs Enforcement (ICE) and is undergoing deportation proceedings to Uganda, as confirmed by the Department of Homeland Security. This move comes just days after his release from criminal custody on Monday.
Originally from El Salvador, Abrego Garcia was mistakenly deported to his home country in March, where he spent months in a notorious prison before being returned to the U.S. in June, facing federal human smuggling charges. A judge mandated his release while awaiting a trial scheduled for January.
After being freed from pretrial detention last Friday, CBS News reported that his attorneys received a notice regarding his potential deportation to Uganda. He checked in at the ICE facility on Monday morning, expressing gratitude to supporters gathered outside while communicating in Spanish.
His attorney, Simon Sandoval-Moshenberg, criticized the detention, stating, “There was no need for them to take him into ICE detention. He was already on electronic monitoring from the U.S. Marshals Service and basically on house arrest. The only reason that they’ve chosen to take him into detention is to punish him. To punish him for exercising his constitutional rights.”
On the same day, Sandoval-Moshenberg filed a lawsuit on behalf of Abrego Garcia, challenging both his confinement and the deportation proceedings until he has undergone a fair trial in immigration court. Following this, the U.S. District Court in Maryland intervened, issuing an order that prevents the government from promptly deporting Abrego Garcia or altering his legal status, putting his deportation on hold. This order is effective until 4 p.m. on Wednesday, pending a potential extension by Judge Paula Xinis, who oversees the case. The court’s order is part of a broader legal strategy addressing the rights of migrant detainees.
The Department of Homeland Security has labeled Abrego Garcia as a member of the MS-13 gang, a claim his family contests. Secretary Kristi Noem stated that ICE has commenced deportation procedures. In an agreement reached last week, the U.S. struck a deal with Uganda to accept some deportees.
“President Trump is not going to allow this illegal alien, who is an MS-13 gang member, human trafficker, serial domestic abuser, and child predator to terrorize American citizens any longer,” Noem asserted.
Abrego Garcia’s legal team revealed that he was previously offered a plea deal that included deportation to Costa Rica. However, following that, they received a notice indicating the new potential deportation to Uganda. Sandoval-Moshenberg clarified that Abrego Garcia expressed a willingness to accept refugee status in Costa Rica.
He emphasized, “The fact that they’re holding Costa Rica as a carrot and using Uganda as a stick to try to coerce him to plead guilty to a crime is such clear evidence that they’re weaponizing the immigration system in a manner that is completely unconstitutional.”
An ICE officer did not provide clarity on the reasons for Abrego Garcia’s detention, nor did they disclose the specifics regarding his potential relocation to another detention center. Later, Sandoval-Moshenberg informed the presiding judge that Abrego Garcia was being held at a facility in Virginia, and the judge issued an oral order preventing any transfer to ensure he had access to his legal representatives.
Senator Chris Van Hollen, a Maryland Democrat, previously advocated for Abrego Garcia’s return from El Salvador and met with him on Sunday. He expressed relief about Abrego Garcia’s return to Maryland, describing the situation as a long and torturous ordeal. Van Hollen stated, “The federal courts and public outcry forced the Administration to bring Abrego Garcia back to Maryland, but Trump’s cronies continue to lie about the facts in his case… As I told Kilmar and his wife Jennifer, we will stay in this fight for justice and due process because if his rights are denied, the rights of everyone else are put at risk.”
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In 2019, an immigration judge ruled against Abrego Garcia’s deportation to El Salvador, citing his fears of gang persecution in the region. Maryland Governor Wes Moore also called for proper due process on Sunday, stressing the need for judicial oversight rather than decisions made solely by political figures.
