In a significant development, Kilmar Abrego Garcia is currently being processed for deportation to Uganda, as confirmed by the Department of Homeland Security (DHS). This situation arose after Abrego Garcia was taken into custody by Immigration and Customs Enforcement (ICE) on Monday, just days following his release from criminal custody.
Kilmar Abrego Garcia, a native of El Salvador, has experienced a tumultuous legal journey. Earlier this year, he was mistakenly deported to his home country in March, where he was held in a notorious Salvadoran prison for several months. Upon his return to the U.S. in June, he was jailed on federal human smuggling charges. Recently, a judge ruled in favor of his release from detention prior to his upcoming trial, scheduled for January.
Following his release from pretrial detention last Friday, Abrego Garcia's attorneys were notified of his potential deportation to Uganda, as reported by CBS News.
On Monday morning, Abrego Garcia arrived at the ICE facility to check in, where he interacted with supporters outside, speaking in Spanish. His attorney, Simon Sandoval-Moshenberg, expressed that there was no justification for ICE to detain him, as he was already on electronic monitoring and effectively under house arrest. Sandoval-Moshenberg remarked, "The only reason that they've chosen to take him into detention is to punish him for exercising his constitutional rights."
In response to his detention and impending deportation, Sandoval-Moshenberg filed a new lawsuit on behalf of Abrego Garcia. This lawsuit challenges his confinement and argues that he should not be deported to any country until he receives a fair trial in an immigration court.
The U.S. district court in Maryland quickly issued an order preventing the government from removing Abrego Garcia from the U.S. or altering his legal status, effectively placing a hold on his deportation for the time being. This order is set to remain in effect until 4 p.m. Wednesday, unless it is extended by Judge Paula Xinis, who is overseeing the case.
This standing order has been applied to all cases involving migrant detainees challenging the legality of their detentions recently, a move that the Justice Department is contesting as unlawful.
The DHS claims that Abrego Garcia is affiliated with the MS-13 gang, an assertion that his family categorically denies. In a statement, Homeland Security Secretary Kristi Noem emphasized that ICE had detained Abrego Garcia for deportation processing, stating, "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."
Legal filings from Abrego Garcia's lawyers revealed that he was offered a plea deal that included deportation to Costa Rica. His attorneys noted that they subsequently received a notice regarding his possible deportation to Uganda. Sandoval-Moshenberg clarified that Abrego Garcia had expressed willingness to accept refugee status in Costa Rica, arguing that the government's actions are indicative of an unconstitutional manipulation of the immigration system.
On Monday, Sandoval-Moshenberg reported that an ICE officer had not provided answers regarding the reasons for Abrego Garcia's detention or the location of his transfer. He later informed Judge Xinis that Abrego Garcia was being held at a detention center in Virginia. The judge then issued an oral order preventing the Trump administration from transferring him to ensure he retains access to his legal representation.
Maryland Senator Chris Van Hollen, who previously advocated for Abrego Garcia's return from El Salvador, met with him on Sunday. Van Hollen expressed relief at Abrego Garcia's return to Maryland, describing the ordeal as "a long and torturous nightmare." He condemned the actions of the administration as a "malicious abuse of power" and vowed to continue fighting for justice and due process for Abrego Garcia.
Maryland Governor Wes Moore also voiced his support for Abrego Garcia, emphasizing the need for a court to determine the future of his case rather than allowing political figures to make unilateral decisions. Moore stated, "I just simply want a court and a judge to decide what is going to be the future fate of this case... and not simply the president of the United States or the secretary of homeland security."
As the legal battle continues, the case of Kilmar Abrego Garcia highlights the complexities and challenges faced by individuals navigating the U.S. immigration system. The ongoing developments will undoubtedly attract significant attention in the coming days.
