The fate of Kilmar Abrego Garcia’s deportation has returned to court

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  • Abrego Garcia’s detention is the latest chapter in a case that began when he was greeted near a Maryland home in March.
  • Abrego Garcia’s lawyers filed a lawsuit seeking that their clients do not be shipped from the country, perhaps to Uganda.

Maryland resident Kilmer Abrego Garcia and his prosecutor’s lawyers are seeking to expel him from the country.

District Judge Paula Sinis ruled on Monday that Abrego Garcia cannot be expelled for a second time until the government holds a hearing on a lawsuit challenging his deportation. Sinis emphasized that the government’s exclusion of Abrego Garcia from the United States is “absolutely prohibited at this point.”

It was a whirlwind for Abrego Garcia for a few days. Abrego Garcia spent more than five months in detention, including his time in the infamous prison in his hometown of El Salvador. On Friday he was released from criminal custody in Tennessee and returned to his home outside of Washington in Bertlesville, Maryland.

On Monday, he was remanded in custody after reporting to the Baltimore Immigration Customs Enforcement Field Office. Ice officials insisted that Abrego Garcia be checked in for an interview, but then he was taken into custody within a minute of his arrival, said his lawyer, Simon Sandoval Moshenberg.

Hours later, Abrego Garcia’s attorney filed a federal lawsuit seeking that the client would not be shipped to Uganda without a hearing. The suit had a case placed in front of Xinis.

Government lawyer Drew Ensign said deportation was not imminent. But the Trump administration remained determined in its quest to do so.

“President Trump is no longer going to allow this illegal foreigner, a member of the MS-13 gang, a trafficker, serial domestic abuser and child predator, to terrify American citizens,” Homeland Security Secretary Christie Noem said in a social media post.

Abrego Garcia repeatedly denied these claims.

Abrego Garcia’s detention is the latest chapter in an incident that began when it stopped near his Maryland home in March, and was unfairly foamed into the mega prison in Salvadra. He was returned to the US in June, but was in custody until last week. The incident fostered anger over the Trump administration’s hardline deportation policy.

Sandoval-Moshenberg said his client is being held at a Virginia detention facility. During the hearing, Sinis suggested that if Abrego Garcia is deported, federal law may require him to be sent to a country of his choice.

But Abrego Garcia’s lawyers say US officials have offered to expel him to Costa Rica if they pleaded guilty to transporting immigrants who live illegally to the United States. When he refused to enter the guilty plea, the US government warned that he could be deported to Uganda.

Abrego Garcia’s lawyers say they took part in a debate plea with the government to avoid deportation to Uganda.

“They keep Costa Rica as a carrot and Uganda as a stick,” Sandoval Morshenberg said. “They are weaponizing the immigration system in a completely unconstitutional way.”

Before checking in at ICE, Abrego Garcia was given refugee status from Costa Rica and was guaranteed not to be deported to El Salvador, and then in writing that Costa Rica would send him to send him to send him to send him to send him to send him.

“It’s not just for him to be taken to Costa Rica,” Sandoval Morshenberg said, “It’s an acceptablely bad option.”

Last week, Uganda became at least the fourth African nation, reaching an agreement to accept an unspecified number of deported migrants that do not include criminal history or unaccompanied minors.

Contributors: Evan Meines, Eduardo Quebus

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