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Abrego Garcia files lawsuit to stop deportation to Uganda
Kilmar Abrego Garcia, who was previously deported but returned to the U.S., filed a federal lawsuit Monday to block the Trump administration’s attempt to deport him again, this time to Uganda—a country to which he has no known connections.
Abrego Garcia submitted a habeas petition in Maryland federal court after being taken into Immigration and Customs Enforcement (ICE) custody on Monday morning during a routine check-in at the agency’s Baltimore office. In the sealed petition, his lawyers argue that although the government notified his attorneys on Friday of its plan to deport him to Uganda, Abrego Garcia himself was not informed, as a judge had previously ordered. The filing states that he was detained “without forewarning” and denied the opportunity to present concerns about potential persecution or torture in Uganda.
His detention and the proposed deportation come just three days after he was released from federal criminal custody in Tennessee. His attorney, Simon Sandoval-Moshenberg, called the detention “both unnecessary and cruel” and emphasized that Abrego Garcia should be allowed to remain with his family while his claims are considered. The legal team requested that the court block any deportation until Abrego Garcia’s protection claims are heard.
The case is assigned to U.S. District Judge Paula Xinis, who previously ordered the administration to give Abrego Garcia and his attorneys 72 hours’ notice before deporting him to a third country. According to court filings, the government only revealed its plan to send him to Uganda after he rejected a plea deal that could have allowed him to become a legal citizen of Costa Rica following any prison time for human smuggling charges. His lawyers argued this amounted to coercive and selective prosecution.
Abrego Garcia’s legal team is seeking to prevent deportation to Uganda without a hearing, to challenge the constitutionality of his detention, and to restrict his custody to within 200 miles of the Maryland courthouse. He was first deported in March to El Salvador, despite a 2019 court order barring such a move due to safety concerns. The Trump administration later returned him to the U.S. in June.
Homeland Security Secretary Kristi Noem confirmed his detention on Monday, stating he is being processed for removal to Uganda. The administration labeled him a gang member and human trafficker, claims Abrego Garcia has denied. Courts have found insufficient evidence to tie him to the gang and determined he is neither a danger nor a flight risk.
INITIAL REPORT:
Kilmar Abrego Garcia taken into custody at ICE office in Maryland
Kilmar Abrego Garcia was taken into immigration custody Monday morning after reporting to the Immigration and Customs Enforcement office in Baltimore, his attorney said.
Attorney Simon Sandoval-Moshenberg said Abrego Garcia was detained immediately upon entering the ICE office. Officials would not provide a reason for his detention, nor would they disclose which facility he would be taken to or provide copies of any paperwork.
Sandoval-Moshenberg added that a new lawsuit challenging Abrego Garcia’s detention and potential deportation has been filed in Maryland. ICE had notified his attorneys less than 24 hours after his release from criminal custody in Tennessee on Friday that he could be deported to Uganda and ordered him to report to the Baltimore office.
The notice came after Abrego Garcia declined a plea deal that would have allowed him to be deported to Costa Rica in exchange for pleading guilty to human smuggling charges and remaining in jail. His attorneys said the federal government pressured him to accept the plea or face deportation to East Africa.
In July, U.S. District Judge Paula Xinis ordered the government to restore Abrego Garcia to his ICE Order of Supervision in Baltimore. The judge also said the government must provide 72 hours' notice if it intends to deport him to a third country, while allowing lawful immigration proceedings to continue, which could include arrest, detention, and eventual removal.
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