ICE Detains Salvadoran National in Ongoing Immigration Case
Kilmar Abrego Garcia was taken into custody by U.S. Immigration and Customs Enforcement (ICE) on Monday morning after checking in at the agency’s Baltimore field office. The detention follows a series of legal and immigration proceedings that have drawn national attention.
Garcia’s attorney, Simon Sandoval-Moshenberg, confirmed that ICE officers detained Garcia upon his arrival and declined to provide details about the reasons for the detention or where he would be transferred.
Legal Background and Recent Developments
Garcia, originally from El Salvador, had previously been deported in March despite a 2019 court order prohibiting removal to his home country due to concerns about potential persecution. That deportation was later deemed wrongful, and Garcia was returned to the United States in June to face federal charges in Tennessee related to transporting undocumented migrants.
He has pleaded not guilty to the charges.
Upon release from custody in Tennessee last Friday, ICE notified Garcia’s legal team that he may now face deportation to Uganda. This development came after Garcia declined a plea agreement that included deportation to Costa Rica in exchange for a guilty plea and jail time.
Court Order and Legal Protections
In July, a U.S. District Court judge ordered that if Garcia were released while awaiting trial, he should be placed under ICE supervision in Maryland, where he had previously lived with his family. The judge also stipulated that if the government intended to deport Garcia to a third country, they must provide 72 hours’ notice.
That order allowed federal authorities to begin lawful immigration proceedings, which could include arrest, detention, and removal if appropriate.
Habeas Filing Challenges Detention and Deportation Plans
Shortly after Garcia’s detention Monday, his attorneys filed a habeas corpus lawsuit in U.S. District Court. The filing alleges that the government is detaining Garcia without allowing him to present his concerns about potential persecution or torture if removed to Uganda.
Garcia’s legal team asserts that the government is pursuing deportation to Uganda instead of Costa Rica to penalize him for refusing a plea deal. The lawsuit claims that this decision could result in extended ICE detention and seeks to prevent removal to Uganda without a prior attempt to deport him to Costa Rica.
The suit also requests that ICE keep Garcia within 200 miles of the Baltimore courthouse and grant him a “reasonable fear” interview before any deportation to Uganda is considered.
Next Steps
Garcia remains in ICE custody as legal proceedings continue. His attorneys are seeking immediate judicial intervention to block his deportation to Uganda and to ensure that his legal rights are upheld in accordance with prior court orders.
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