Legal Battle Continues Over Kilmar Abrego Garcia’s Potential Deportation to Uganda
BALTIMORE, Maryland — Kilmar Abrego Garcia, the Maryland father wrongfully deported to El Salvador earlier this year, was taken into custody by U.S. Immigration and Customs Enforcement (ICE) on Monday, August 25, 2025, during a routine check-in at the agency’s Baltimore field office. The detention has reignited a fierce legal showdown with the Trump administration, which has signaled plans to deport him to Uganda—a third country far from his family—despite his preference for Costa Rica and ongoing criminal proceedings in Tennessee. A federal judge swiftly intervened, issuing a temporary order blocking any immediate deportation and ordering that Abrego Garcia remain within 200 miles of the court for access to his legal team. The case, which has already reached the Supreme Court, exemplifies the escalating tensions in U.S. immigration enforcement under President Donald Trump, raising alarms about due process and executive overreach.
Abrego Garcia, 30, addressed supporters outside the ICE office in Spanish before entering, expressing gratitude for the “miracle” of reuniting with his family after 160 days apart. “My name is Kilmar Abrego Garcia, and I want you to remember that I am free and was able to be reunited with my family,” he said through a translator, crediting community support and prayers. Moments later, ICE agents detained him without explanation, transferring him to a detention center in Virginia. His attorney, Simon Sandoval-Moshenberg of the Legal Aid Justice Center, described the move as a “desperate Hail Mary attempt” by the government to coerce a guilty plea in his federal human smuggling case. “They are seeking to remove him to Uganda… to punish him for his constitutionally protected activity,” the lawsuit filed Monday alleges.
U.S. District Judge Paula Xinis, who has presided over much of the case, held an emergency hearing Monday afternoon. She barred the government from deporting Abrego Garcia until at least Wednesday and questioned the choice of Uganda, noting it has not agreed to provide him protections like refugee status or freedom of movement. “Several grounds” exist for jurisdiction, Xinis said, including the risk of re-deportation to El Salvador. She also ordered the government to ensure his access to counsel and prohibited moving him from the Virginia facility without notice. Briefs are due this week, with a potential hearing to follow.
Timeline of Abrego Garcia’s Ordeal: From Error to Escalation
Abrego Garcia’s saga began in March 2025, when he was among over 200 migrants deported to El Salvador under the Trump administration’s mass removal policy, invoking the rarely used 1798 Alien Enemies Act. Despite a 2019 immigration court order granting him “withholding of removal” status—protecting him from deportation to El Salvador due to credible fears of gang persecution—the administration later called it an “administrative error.” He was imprisoned without trial in El Salvador’s notorious Terrorism Confinement Center (CECOT), a mega-prison criticized by human rights groups for inhumane conditions.
Born in San Salvador in 1995, Abrego Garcia fled El Salvador at age 16 around 2011-2012 after Barrio 18 gang members extorted his family’s pupusa business and threatened his life and family. He settled in Maryland, married U.S. citizen Jennifer Vasquez Sura in 2016, and became a stepfather to her two children while fathering a third with autism and hearing issues. As a sheet metal apprentice with SMART union Local 100, he had no criminal convictions in the U.S. or El Salvador and complied with annual ICE check-ins.
Key developments include:
| Date | Event |
|---|---|
| March 12, 2025 | Detained by ICE during a traffic stop in Maryland; status allegedly changed due to unproven MS-13 ties. |
| March 15, 2025 | Deported to El Salvador and imprisoned in CECOT despite protective order; government admits “administrative error.” |
| April 2025 | Wife files lawsuit; Sen. Chris Van Hollen (D-MD) visits him in prison, calls it an “illegal abduction.” Supreme Court affirms lower court order for government to facilitate return. |
| June 6, 2025 | Returned to U.S. to face indictment in Tennessee for allegedly transporting undocumented migrants (denied by defense). |
| July 23, 2025 | Tennessee Judge Waverly Crenshaw orders release pending trial, rejecting danger claims; Maryland’s Xinis bars immediate ICE detention and requires 72-hour notice for removal. |
| August 22, 2025 | Released from Tennessee custody to brother’s home in Maryland under ankle monitoring. |
| August 25, 2025 | Detained by ICE in Baltimore; government announces processing for Uganda deportation after plea rejection; Xinis issues temporary block. |
Government Accusations vs. Defense Claims
The Trump administration portrays Abrego Garcia as an MS-13 gang member and human trafficker, citing a 2019 bail hearing determination based on a confidential informant and a 2022 Tennessee traffic stop where he was driving eight Latino men (allegedly workers). DHS Secretary Kristi Noem called him a threat who will “never walk America’s streets again,” and the White House posted an image labeling him “MS-13.” They also referenced a dismissed 2021 temporary protective order from his wife, which she attributed to caution after past abuse in a prior relationship; the couple attended counseling and resolved it privately.
Abrego Garcia and his legal team, including CASA’s advocates, deny all allegations, emphasizing his clean record, union work, and university enrollment. They argue the MS-13 claim stems from rival Barrio 18 threats, not affiliation, and the smuggling charge is pretextual. His withholding status remains intact, and deportation to Uganda—under a U.S. bilateral agreement—ignores his Costa Rica preference and risks further harm.
Political and Broader Implications
The case has drawn bipartisan scrutiny, with Democrats like Sen. Van Hollen decrying it as a “malicious abuse of power” threatening due process for all Americans. Republicans, including the White House, frame it as tough-on-crime enforcement. Advocacy groups like CASA and SMART union have rallied, petitioning for his release and criticizing the CECOT imprisonment as a violation of human rights.
For U.S. immigrants and families, this battle underscores risks in the administration’s mass deportation push, potentially affecting thousands via the Alien Enemies Act. A January 2026 trial looms, but Xinis’ rulings could extend protections. As Sandoval-Moshenberg noted, “If his rights are denied, the rights of everyone else are put at risk.” The unfolding drama, captured in videos of his detention and court hearings, continues to test the limits of executive authority versus judicial oversight.