Kilmar Abrego Garcia Detained by ICE After Release From Criminal Custody

Kilmar Abrego Garcia Detained by ICE After Release From Criminal Custody

Kilmar Abrego Garcia, who was mistakenly deported earlier this year and later brought back to the United States, has once again been taken into immigration custody. His lawyer confirmed that he was detained on Monday morning after reporting for a scheduled check-in with Immigration and Customs Enforcement (ICE) at its Baltimore office.

According to his attorney, Simon Sandoval-Moshenberg, Abrego Garcia was taken into custody immediately after entering the ICE building. When his legal team asked why he was being detained, officers did not provide any explanation. They also refused to confirm where he was being transferred or share any official paperwork about his detention.

This sudden action comes just days after Abrego Garcia was released from criminal custody in Tennessee, where he had been facing charges. Within 24 hours of his release, ICE notified his attorneys that he could be deported to Uganda and ordered him to appear at their Maryland office.

Dispute Over Deportation Locations

Before this, the government had offered Abrego Garcia a plea deal: plead guilty to human smuggling charges and accept deportation to Costa Rica. He refused the deal, choosing instead to fight the charges in court. His attorneys now say the government is retaliating against him for rejecting that plea offer by attempting to deport him to Uganda instead of Costa Rica — a country that had previously agreed to resettle him.

In court filings, his lawyers accused the federal government of deliberately choosing Uganda in order to prolong legal proceedings and keep him in ICE detention for an extended time. They argue that removal to Costa Rica could be arranged quickly and with little or no detention, but the government wants to punish him by complicating the process.

History of Wrongful Deportation

Abrego Garcia’s case has already been highly controversial. A native of El Salvador, he was wrongly deported there in March 2025, despite a 2019 federal court order specifically blocking his removal to that country. The order was issued because he had shown he faced persecution if sent back.

Nonetheless, the Trump administration deported him to El Salvador’s notorious CECOT mega-prison, claiming he was part of the gang MS-13 — a claim his family and lawyers strongly deny. After weeks of legal pressure and public attention, Abrego Garcia was brought back to the U.S. in June to face criminal charges in Tennessee. Prosecutors allege he transported undocumented migrants while living in Maryland, but he has pleaded not guilty.

Court Orders and Supervision

In July, U.S. District Judge Paula Xinis ruled that if Abrego Garcia were released from jail before his trial, ICE should supervise him in Maryland. At the time of his wrongful deportation in March, he had been living there with his wife and children. Judge Xinis said this supervision was necessary to provide “effective relief” to someone who had been unlawfully removed.

Judge Xinis also made it clear that if the government wanted to deport him to a third country, it must give him 72 hours’ advance notice. While the court allowed the administration to begin lawful immigration proceedings after his return, it also warned that any detention or deportation must follow proper legal steps.

Latest Legal Challenge

On Monday morning, just before Abrego Garcia was detained, his attorneys filed a habeas corpus lawsuit in federal court in Maryland. They argue that the government is detaining him unlawfully, without giving him a chance to express his fears of persecution or torture if sent to Uganda.

The lawsuit asks the court to stop the government from sending him to Uganda without first attempting to deport him to Costa Rica, which has already offered him resettlement. His lawyers also want the court to make sure he receives a “reasonable fear” interview — a standard legal process where an immigrant can explain why deportation to a certain country would endanger them.

In addition, the attorneys requested that ICE not be allowed to detain Abrego Garcia more than 200 miles from the federal courthouse in Baltimore. This would make it easier for his family, lawyers, and the court to stay connected to his case while it is being resolved.

Broader Concerns

The case highlights ongoing tensions between immigration enforcement and due process rights. Abrego Garcia has already been the victim of a wrongful deportation earlier this year, despite clear court orders protecting him. Now, his attorneys say, the government is once again overstepping by trying to deport him to a country where he fears harm, while also punishing him for exercising his legal right to fight criminal charges instead of pleading guilty.

His supporters argue that this situation shows how immigration detention can be used unfairly, not just for deportation purposes but also as a tool to pressure individuals into certain legal choices. Advocates warn that detaining someone for long periods, especially after a wrongful deportation, undermines faith in the fairness of the system.

What Comes Next

For now, Abrego Garcia remains in ICE custody, and his legal team is waiting for the court in Maryland to respond to their emergency lawsuit. If the court grants their requests, the government could be blocked from sending him to Uganda and instead be required to pursue removal to Costa Rica, or to keep him in the U.S. while his criminal case continues.

The outcome of his case could set an important precedent for how immigration authorities handle wrongful deportations and deportation to third countries. For Abrego Garcia and his family in Maryland, however, the immediate concern is whether he will remain in detention for weeks or months while the government pursues its plan.

credit to : https://abcnews.go.com/US/kilmar-abrego-garcia-check-ice-maryland-deportation-threat/story?id=124944566