Kilmar Abrego Garcia, the Maryland father who was wrongfully deported to El Salvador earlier this year, has been arrested by Immigration and Customs Enforcement after reporting to their Baltimore office on Monday morning.
Secretary of Homeland Security Kristi Noem confirmed his arrest in a statement, saying ICE “are processing him for deportation” – this time to Uganda, a country where he has no known ties.
The arrest comes after Abrego Garcia refused a plea deal that would have seen him plead guilty to human smuggling charges in exchange for deportation to Costa Rica. His legal team accuses the US government of trying to “coerce” him by threatening deportation “halfway across the world” if he exercises his constitutional right to trial.
‘Punished for Exercising Constitutional Rights’
Simon Sandoval-Moshenberg, one of Abrego Garcia’s attorneys, told reporters outside the ICE office that his client was taken into custody with no explanation during what was meant to be a routine check-in.
“The only reason that they’ve chosen to take him into detention is to punish him, to punish him for exercising his constitutional rights,” Sandoval-Moshenberg said.
He confirmed that Abrego Garcia has filed a new federal lawsuit in Maryland challenging his current detention and potential deportation “to Uganda or any other country” until he has a trial.
Court Order Bars Immediate Removal
A subsequent court order has barred the government from removing Abrego Garcia from the continental United States or altering his legal status until 4pm Wednesday, unless a judge extends the order.
The new lawsuit has been assigned to US District Judge Paula Xinis, the same judge who oversaw the initial lawsuit over Abrego Garcia’s mistaken deportation to El Salvador in March.
During the interview at the ICE office, officers told the attorneys Abrego Garcia would be taken to a detention centre but would not specify which one. His attorney argued there was no reason to detain him, as he was under ankle monitoring and “basically on house arrest”.
Kristi Noem Launches Attack
In a strongly-worded statement, Secretary Noem alleged Abrego Garcia was guilty of human trafficking and domestic abuse, calling him a “monster” and saying President Donald Trump would not allow him to “terrorise American citizens any longer.
Today, ICE law enforcement arrested Kilmar Abrego Garcia and are processing him for deportation,” Noem said. “President Trump is not going to allow this illegal alien, who is an MS-13 gang member, human trafficker, serial domestic abuser, and child predator, to terrorise American citizens any longer.”
The allegations stem from a 2019 determination by police that Abrego Garcia was a member of MS-13, based on claims by a confidential informant about his clothing. Abrego Garcia has vehemently denied gang membership and has never been convicted of any gang-related crimes.
Uganda Deportation Agreement
The threat to deport Abrego Garcia to Uganda follows new bilateral deportation agreements the US has reached with Honduras and Uganda as part of the Trump administration’s immigration crackdown.
Documents obtained by CBS News quote Uganda’s foreign ministry as saying it prefers individuals it accepts to be from African countries, raising questions about why a Salvadoran national would be sent there.
Supporters held a rally outside the ICE premises in support of the Salvadoran national, whose drawn-out immigration case has made global headlines.
Saga of Mistaken Deportation
Abrego Garcia’s case began in March when he was deported to his native El Salvador and initially kept in the notorious Cecot prison, despite a 2019 court order barring his deportation there due to fear of persecution.
After US government officials acknowledged he was deported due to an “administrative error”, a judge ordered the administration to facilitate his return. The Supreme Court unanimously affirmed this order in April.
He was brought back to the US in June and immediately charged in Tennessee with human smuggling offences related to a 2022 traffic stop. He was detained until his release on Friday after a federal judge ruled he could await trial at home.
Declined Plea Deal
His lawyers revealed their client had declined an offer to plead guilty to human smuggling charges in exchange for deportation to Costa Rica. The offer came late Thursday, after it became clear Abrego Garcia would be released from jail.
After his release on Friday and refusal of the plea deal, ICE immediately notified his lawyers he would be deported to Uganda instead and ordered him to report to their Baltimore office on Monday morning.
Abrego Garcia has pleaded not guilty to the human smuggling charges. His trial is set for January.
International Attention
The case has drawn international attention as an example of the Trump administration’s aggressive immigration enforcement tactics. In April, a New York Times/Sienna College poll found 52% of registered voters disapproved of Trump’s handling of the case.
The saga has also raised constitutional questions about the limits of executive power, with legal scholars warning the administration’s position could allow it to “deport and incarcerate any person” anywhere in the world without judicial oversight.
As Abrego Garcia faces a second potential deportation – this time to a country thousands of miles from his family – his case continues to test the boundaries of immigration law and due process in America.
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