Immigration and Customs Enforcement detained Kilmar Armando Abrego Garcia again in Baltimore on Monday, days after his release from jail.
ICE informed Abrego Garcia “within minutes” of his release from federal custody in Tennessee on Friday that the agency plans to deport him to Uganda.
The Trump administration’s decision comes after Abrego Garcia, a Maryland resident who was wrongfully deported to El Salvador in March, turned down a last-minute deal from the government on Thursday, according to documents filed in Tennessee court by his defense attorneys. That deal would have sent him to Costa Rica instead if he stayed in jail and pleaded guilty to human smuggling charges.
ICE ordered Abrego Garcia to report to the agency’s Baltimore field office by 10 a.m. on Monday, according to the documents. He was detained during this mandated check in, the Associated Press reported.
Abrego Garcia’s lawyers filed a lawsuit Monday arguing for his freedom and safety, which triggers a standing court order from May that could allow his detention to be delayed. He will stay in Virginia amid the deportation fight, The Baltimore Banner reported Monday.
[Judges order Kilmar Armando Abrego Garcia to be returned to Maryland, warned before arrest]
U.S. District Judge Paula Xinis ruled in July that ICE must provide him at least three business days’ notice if it decides to initiate deportation proceedings, the Associated Press reported.
In a statement on Friday, Homeland Security Secretary Kristi Noem denounced Xinis’ decision.
“Activist liberal judges have attempted to obstruct our law enforcement every step of the way in removing the worst of the worst criminal illegal aliens from our country,” Noem said.
Sen. Chris Van Hollen (D-Md.) welcomed Abrego Garcia back to Maryland Sunday morning. It was their first meeting after the senator traveled to El Salvador in April to meet with him and lobby Salvadoran leaders to return him to the U.S.
In response to Abrego Garcia’s re-detainment by ICE, Van Hollen wrote in a Monday statement that “the Trump administration needs to put up or shut up in court and allow Mr. Abrego Garcia the opportunity to defend himself.”
“That is the right to due process that he and everyone else living in America is afforded by our Constitution, and we will keep fighting to ensure that right is honored,” the statement read.
The Maryland father was wrongfully deported to El Salvador’s Terrorism Confinement Center, the notorious mega-prison that can hold about 40,000 inmates, in March due to what the Trump administration later described as an “administrative error.”
When he was originally deported, Abrego Garcia had an active court order protecting him from removal to El Salvador. That order came after he was arrested in 2019 in Prince George’s County, and was later turned over to ICE which began removal proceedings against him.
But an immigration judge blocked his deportation to El Salvador due to the likelihood that he’d face persecution if returned to the country, Xinis wrote in a 22-page opinion memo in April.
[Mistakenly deported Maryland man returned to U.S. to face human smuggling charges]
Given the court order protecting him from deportation to El Salvador, Xinis ordered the Trump administration in April to facilitate his return to the U.S.
The U.S. Supreme Court rejected the administration’s emergency appeal of Xinis’ order and reaffirmed that it must work to bring him back, according to the Associated Press.
In early June, Abrego Garcia was returned to the U.S. to face charges of human smuggling and conspiracy to commit human smuggling. The basis of those charges come from a 2022 traffic stop in Tennessee during which officers noticed Abrego Garcia was driving eight other passengers who had no luggage and all gave the same home address, according to a Department of Homeland Security report.
But while officers had suspicions of potential human trafficking during the stop, Abrego Garcia was not arrested and received only a warning, according to the report.
Abrego Garcia’s case has garnered international attention and has become a focus of Democrats’ and immigration advocates’ efforts to push back against Trump’s continued crackdown on illegal immigration.
Sen. Angela Alsobrooks (D-Md.) said in a statement Monday that the Trump administration is using Abrego Garcia as a “pawn and distraction.”
“We live in a nation of laws, and as much as Trump may hate it, Kilmar Ábrego García is entitled to due process,” the statement read.