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Judge keeps Abrego Garcia in US at least through October hearing

A couple hundred people rallied Aug. 25 in support of Kilmar Abrego Garcia outside the the George H. Fallon Federal Building, where the ICE detention facility is located in Baltimore. (Photo by William J. Ford/Maryland Matters)

A couple hundred people rallied Aug. 25 in support of Kilmar Abrego Garcia outside the the George H. Fallon Federal Building, where the ICE detention facility is located in Baltimore. (Photo by William J. Ford/Maryland Matters)

WASHINGTON — Maryland federal Judge Paula Xinis barred the Trump administration Wednesday from re-deporting Kilmar Abrego Garcia, who was unlawfully removed earlier this year, until she makes a decision in an evidentiary hearing set for October.

Separately, Abrego Garcia filed a claim for asylum, a longshot bid to gain legal status as the Trump administration aims to expel him to Uganda after unlawfully deporting him to a notorious prison in El Salvador in March. Xinis has no jurisdiction over the asylum case, which will be handled by an immigration judge.    

Xinis said at a Wednesday hearing that she would issue a temporary restraining order blocking immigration authorities from removing Abrego Garcia until she issues a decision following a hearing scheduled for Oct. 6 in the U.S. District Court of Maryland. 

That hearing is on Abrego Garcia’s habeas corpus claim challenging his detention by U.S. Immigration and Customs Enforcement officials this week. 

Xinis said she would rule on the claim within 30 days of the early October hearing. 

Detained in Virginia

Immigration officials took Abrego Garcia into custody Monday when he appeared for an in-person interview at Baltimore’s ICE field office. He is currently detained at an ICE facility in Virginia, his attorneys said. 

Xinis said she would include in her temporary restraining order that Abrego Garcia must be detained within 200 miles of the district courthouse in Greenbelt, Maryland. 

Attorneys for Abrego Garcia are also challenging the administration’s efforts to expel Abrego Garcia to the East African nation of Uganda and are pushing for a credible fear interview, in an effort to stop his removal to a country where he could face harm. 

Immigrants who are deported to a country that is not their home, known as a third country, are allowed to challenge their removal if they believe they will experience harm in that country.

Justice Department attorney Drew Ensign said during Wednesday’s hearing that he expects the credible fear process to take two weeks. 

Ensign said that while the Department of Justice objects to Xinis’ temporary restraining order, the federal government is “committed” to keeping Abrego Garcia in the United States until she makes her decision on the habeas corpus claim. 

Uganda or Costa Rica

Abrego Garcia, who was wrongly deported to El Salvador despite deportation protections granted in 2019, was brought back to the U.S. in June to face criminal charges lodged against him by the Department of Justice in May amid several court orders, including from the Supreme Court, that required the Trump administration to facilitate Abrego Garcia’s return. 

His case has brought a spotlight to President Donald Trump’s aggressive immigration crackdown. Abrego Garcia has detailed the physical and psychological torture he experienced at the El Salvador megaprison.

Last week, attorneys for Abrego Garcia in his criminal case in Nashville, Tennessee, said in court filings that the Trump administration is trying to force Abrego Garcia to plead guilty to human smuggling charges by promising to remove him to Costa Rica if he does so, and threatening to deport him to Uganda if he refuses. 

Costa Rica’s government has stated it will grant Abrego Garcia refugee status. 

Abrego Garcia’s attorney in his Maryland case, Simon Y. Sandoval-Moshenberg, said Abrego Garcia is willing to be removed to Costa Rica but will not plead guilty to the charges in Tennessee. 

Those charges stem from a traffic stop in 2022 in which Abrego Garcia was in a car with several people. No charges were filed at the time. 

The Department of Justice has alleged that Abrego Garcia took part in a long-running conspiracy to smuggle immigrants without legal status across the United States. He has pleaded not guilty to those charges. 

Trump and other top officials such as Homeland Security Secretary Kristi Noem have accused Abrego Garcia of being a MS-13 gang leader, but no allegations have been proven in court. 

Abrego Garcia came to the U.S. without legal authorization from his home country of El Salvador in 2011 at the age of 16. He applied for asylum in 2019, but authorities denied the claim because he did not apply for asylum within his first year in the U.S., which is the legal deadline for such claims.

Instead, an immigration judge gave him deportation protections, known as a withholding in place, because it was likely he would face gang violence if returned to his home country of El Salvador. 

Federal immigration officials at the time didn’t object to the deportation protections and declined to find a third country of removal that would accept him and where he would not experience harm. 

Abrego Garcia arrested by ICE as judge orders postponement of deportation to Uganda

Kilmar Abrego Garcia speaks to protesters who held a prayer vigil and rally on his behalf outside of the ICE office in Baltimore, Maryland, on Monday,  Aug. 25, 2025. Lydia Walther Rodriguez with CASA interprets for him. (Photo by William J. Ford/Maryland Matters)

Kilmar Abrego Garcia speaks to protesters who held a prayer vigil and rally on his behalf outside of the ICE office in Baltimore, Maryland, on Monday,  Aug. 25, 2025. Lydia Walther Rodriguez with CASA interprets for him. (Photo by William J. Ford/Maryland Matters)

BALTIMORE — Hundreds of protesters gathered at the Immigration and Customs Enforcement field office in Baltimore early Monday for a prayer vigil for the wrongly deported Kilmar Abrego Garcia, whom the Trump administration aims to re-deport to Uganda unless he pleads guilty to Justice Department charges.

As Abrego Garcia arrived for his Monday ICE check-in at the office, he was arrested and detained, one of his immigration lawyers, Simon Y. Sandoval-Moshenberg, told the crowd. 

The crowd shouted “Shame!”

Sandoval-Moshenberg added that the ICE officials  at the time would not answer questions about where Abrego Garcia would be detained. 

“The only reason that they’ve chosen to take him into detention is to punish him,” Sandoval-Moshenberg said outside the office. 

Television cameras and photographers follow Kilmar Abrego Garcia as his family, friends and other supporters walk him up the steps to the George H. Fallon Federal Building, where the ICE detention facility is located in Baltimore, on Aug. 25, 2025.  (Photo by William J. Ford/Maryland Matters) 
Television cameras and photographers follow Kilmar Abrego Garcia as his family, friends and other supporters walk him up the steps to the George H. Fallon Federal Building, where the ICE detention facility is located in Baltimore, on Aug. 25, 2025.  (Photo by William J. Ford/Maryland Matters)  

U.S. Department of Homeland Security Secretary Kristi Noem said in a statement to States Newsroom that “ICE law enforcement arrested Kilmar Abrego Garcia and are processing him for deportation.”

DHS said that ICE has placed Abrego Garcia in removal proceedings to Uganda, which has agreed to accept deportees from the United States.

Abrego Garcia’s attorneys quickly filed a habeas corpus petition suit in a Maryland district court, where Judge Paula Xinis, who also ordered the Trump administration to return Abrego Garica after his wrongful deportation, has barred immigration officials from removing Abrego Garcia from the United States until 4 p.m. Eastern Wednesday. A habeas corpus petition allows immigrants to challenge their detention.

In a Monday afternoon emergency hearing with Xinis, the attorneys for Abrego Garcia, including Sandoval-Moshenberg, said he was being held in Virginia.

Sandoval-Moshenberg asked Xinis if she could order that Abrego Garcia not be moved from Virginia because he was concerned that Abrego Garcia could be moved. Xinis agreed, saying the order would give Abrego Garcia access to his legal counsel in his criminal case and habeas one.

Sandoval-Moshenberg said Abrego Garcia would accept refugee status that has been offered by Costa Rica’s government, but would not plead guilty to the charges. 

‘I am free and have been reunited with my family’

As Abrego Garcia walked into his ICE check-in with his wife, Jennifer Vasquez Sura, he was greeted by cheers from hundreds of protesters. 

In Spanish, Abrego Garcia thanked those who attended.

“I always want you to remember that today, I can say with pride, that I am free and have been reunited with my family,” he said. 

Immigrant rights activists from the advocacy group CASA shielded the family and the attorneys as they entered the field office. 

Protesters hold up a sign of support for Kilmar Abrego Garcia outside the ICE office in Baltimore where he was arrested on Monday, Aug. 25, 2025. (Photo by William J. Ford/Maryland Matters)
Protesters hold up a sign of support for Kilmar Abrego Garcia outside the ICE office in Baltimore where he was arrested on Monday, Aug. 25, 2025. (Photo by William J. Ford/Maryland Matters)

Over the weekend, attorneys for Abrego Garcia’s criminal case in Nashville said in court filings that the Trump administration is trying to force the Maryland man to plead guilty to human smuggling charges by promising to remove him to Costa Rica if he does so, and threatening to deport him to Uganda if he refuses. 

Abrego Garcia pleaded not guilty and was released Friday to await trial in January on charges he took part in a long-running conspiracy to smuggle immigrants without legal status across the United States. 

His attorneys received a letter from ICE that informed them of his pending deportation to Uganda and instructed him to report to the ICE facility in Baltimore for a check-in. 

Sandoval-Moshenberg said that Monday’s check-in with ICE was supposed to be an interview but “clearly that was false.”

Sandoval-Moshenberg said the new lawsuit was filed early Monday in the District Court for the District of Maryland challenging Abrego Garcia’s potential removal to the East African country, or any third country, while his immigration case is pending. 

“The fact that they’re holding Costa Rica as a carrot and using Uganda as a stick to try to coerce him to plead guilty to a crime is such clear evidence that they’re weaponizing the immigration system in a matter that is completely unconstitutional,” Sandoval-Moshenberg said. 

Trump mass deportations in spotlight

The Supreme Court in April ordered the Trump administration to facilitate the return of Abrego Garcia, who was unlawfully deported to a notorious prison in El Salvador, his home country.  An immigration judge had granted him removal protections in 2019 because it was likely he would face violence if returned. 

The case has put the Trump administration’s aggressive deportation tactics in the national spotlight as well as the White House’s clash with the judicial branch as the president aims to carry out his plans of mass deportation. 

On Friday, Abrego Garcia’s attorneys moved to dismiss the case against him because of the coordination from Homeland Security and the Justice Department to force a guilty plea from him. 

“There can be only one interpretation of these events,” the lawyers wrote. “The (Department of Justice, Department of Homeland Security) and ICE are using their collective powers to force Mr. Abrego (Garcia) to choose between a guilty plea followed by relative safety, or rendition to Uganda, where his safety and liberty would be under threat.”

Another judge in Maryland had earlier ruled that ICE must give Abrego Garcia 72 hours of notice before removing him to a third country.  

Maryland Democratic Sen. Chris Van Hollen, who traveled to El Salvador to meet with Abrego Garcia while he was detained there, criticized the move by the Trump administration to re-deport him to Uganda. 

“The federal courts and public outcry forced the Administration to bring Ábrego García back to Maryland, but Trump’s cronies continue to lie about the facts in his case and they are engaged in a malicious abuse of power as they threaten to deport him to Uganda – to block his chance to defend himself against the new charges they brought,” he said in a Sunday statement. “As I told Kilmar and his wife Jennifer, we will stay in this fight for justice and due process because if his rights are denied, the rights of everyone else are put at risk.”

Rep. Glenn Ivey, D-Md.,  speaks during a rally on Aug. 25, 2025, in support of Kilmar Abrego Garcia, who is standing behind Ivey outside of the George H. Fallon Federal Building, where the ICE detention facility is located in Baltimore (Photo by William J. Ford/Maryland Matters)
Rep. Glenn Ivey, D-Md.,  speaks during a rally on Aug. 25, 2025, in support of Kilmar Abrego Garcia, who is standing behind Ivey outside of the George H. Fallon Federal Building, where the ICE detention facility is located in Baltimore (Photo by William J. Ford/Maryland Matters)

Maryland Democratic Rep. Glenn Ivey, who represents the district where Abrego Garcia’s family lives, attended Monday’s rally. He slammed the Trump administration for moving to again deport Abrego Garcia.

“This started with a mistake,” he said. “They knew it was illegal. Instead of acknowledging it and bringing him back, they said, ‘We can’t bring him back.’ They lied.”

The Trump administration repeatedly stated in court that because Abrego Garica was in El Salvador, he was no longer in U.S. custody and could not be brought back despite court orders.

Wrongly deported in March

Abrego Garcia was wrongly deported in March and returned to the U.S. in June to face the charges filed by the Justice Department in May.

While Abrego Garica was at the notorious prison in El Salvador known as El Centro de Confinamiento del Terrorismo, or CECOT, he detailed how he was beaten and psychologically tortured.

Because of his 2019 deportation protections, the Trump administration either had to challenge the withholding of removal or deport Abrego Garcia to a third country that would accept him. 

His attorneys in the Tennessee case attached the agreement with the government of Costa Rica to accept Abrego Garcia’s removal in Saturday court filings. 

“The Government of Costa Rica intends to provide refugee status or residency to Mr. Abrego Garcia upon his transfer to Costa Rica,” according to the agreement. “The Government of Costa Rica assures the Government of the United States of America that, consistent with that lawful immigration status and Costa Rican law, it does not intend to detain Mr. Abrego Garcia upon his arrival in Costa Rica.”

In that filing, the Trump administration late Thursday agreed to remove Abrego Garcia to Costa Rica if he remained in custody until Monday, pleaded guilty to the DOJ charges and served the sentence imposed.

Selah Torralba, an advocacy manager for the Tennessee Immigrant and Refugee Rights Coalition, said at Monday’s rally outside the ICE facility that she pushed for Abrego Garcia’s release while he was detained in Tennessee.

“After spending close to three months brutalized in a place that he should never have been sent to begin with, and another three months imprisoned in a state that is not his own, Kilmar was joyfully reunited with his family and children this weekend,” she said. “But it is impossible to celebrate that joy without acknowledging the cruel reality that our communities have known for far too long.”

Judge likely to keep Abrego Garcia detained to prevent quick deportation

A protester holds a photo of Maryland man Kilmar Abrego Garcia as demonstrators gather to protest against the deportation of immigrants to El Salvador outside the Permanent Mission of El Salvador to the United Nations in New York City on April 24, 2025. (Photo by Michael M. Santiago/Getty Images)

A protester holds a photo of Maryland man Kilmar Abrego Garcia as demonstrators gather to protest against the deportation of immigrants to El Salvador outside the Permanent Mission of El Salvador to the United Nations in New York City on April 24, 2025. (Photo by Michael M. Santiago/Getty Images)

GREENBELT, Maryland — U.S. District Judge Paula Xinis seemed inclined during a Friday hearing to grant a temporary restraining order to block the Trump administration from deporting Kilmar Abrego Garcia if he is released from pretrial detention next week.

Xinis said if she granted a temporary restraining order, it would be narrow and would prevent immigration officers from deporting Abrego Garcia from the U.S. It would also keep the longtime Maryland resident at a detention center near Maryland as the immigration lawsuit about the conditions of his deportation under a final order of removal proceeds.

She also upbraided Justice Department attorneys for claiming immigration officials had a detainer on Abrego Garcia, but not producing the document.

The attorneys for Abrego Garcia’s case in Maryland, which was brought after the longtime resident was unlawfully arrested by immigration officials and mistakenly deported to El Salvador in March, are asking Xinis for a 72-hour restraining order if he is released from pretrial detention Wednesday.

Abrego Garcia awaits federal trial in Tennessee on criminal charges lodged while he was mistakenly removed to El Salvador.

The restraining order, if granted, would prevent the Trump administration from removing Abrego Garcia to a third country without proper notice and an opportunity to challenge his removal.

“The concern that we have here is that he’ll be gone in a blink and never to be heard from again,” Andrew Rossman, one of Abrego Garcia’s attorneys, said.

Abrego Garcia detailed psychological and physical torture he experienced at the notorious Salvadoran prison CECOT. The U.S. is paying El Salvador up to $15 million to detain roughly 300 men at the prison.

Prosecution

As soon as Wednesday, Abrego Garcia could be released from pretrial detention on charges that accuse him of human smuggling that stem from a 2019 traffic stop. A hearing is scheduled for Wednesday in Tennessee federal court on an order pausing Abrego Garcia’s release, at his lawyers’ request over concerns the administration could deport him if he is released from jail.

DOJ attorneys have said that the Trump administration intends to deport Abrego Garcia before his trial in Tennessee is complete.

Abrego Garcia has pleaded not guilty to the federal charges. His attorneys have accused President Donald Trump’s administration of using the indictment to save face in light of court orders finding Abrego Garcia’s deportation unlawful and the Supreme Court’s order for the federal government to facilitate his return.

Abrego Garcia has had deportation protections in place since 2019, barring his removal to his native El Salvador due to concerns he would experience gang violence there.

The Trump administration has labeled Abrego Garcia a leader of the gang MS-13, but has not produced any evidence of those allegations in court.

Xinis also raised the concern that Abrego Garcia could face harm in a third country because the Trump administration has labeled him a gang leader.

She raised the possibility that if Abrego Garcia is deported to a third country, that country could then take him to El Salvador.

ICE detainer produced

The Trump administration has placed a detainer on Abrego Garcia upon his potential release, meaning U.S. Marshals would hold him until immigration agents can arrest him and take him into custody.

Xinis has repeatedly asked DOJ lawyers for a copy of the detainer to determine what statue Abrego Garcia is being detained on.

DOJ attorneys said they were still working on it and Xinis slammed them for not producing it and said she wouldn’t take the DOJ’s word that the detainer even existed.

“You have taken the presumption of regularity and you’ve destroyed it, in my view,” Xinis said.

Halfway through the hearing, DOJ attorney Sarmad M. Khojasteh produced the detainer and gave a copy to Abrego Garcia’s lawyers, who have also been asking for a copy of the form.

Rossman said the detainer “has a massive hole in it.”

He said that according to the detainer, the reason for holding Abrego Garcia is a final order of removal.

However, a top Immigration and Customs Enforcement official testified Thursday that because Abrego Garcia is not in removal proceedings yet, the federal government cannot detail what actions it will take in removing him.

“We have an obvious chicken-and-egg problem,” Rossman said.

DOJ argument ‘defies reality’

Thomas Giles, ICE’s assistant director for enforcement and removal operations who testified Thursday, could not detail which track the Trump administration planned to take for Abrego Garcia. The agency is likely to try either deporting him to a third country or  challenge the bar on removal to El Salvador.

Xinis also expressed doubt that the Trump administration has not had conversations on what to do about Abrego Garcia, given the high-profile nature of the case.

Khojasteh said that an immigration officer would determine next steps for Abrego Garcia.

“It defies reality that this is going to be left to a desk officer,” Xinis said.

Xinis said she’ll make a decision before Wednesday on a temporary restraining order.

Trump administration intends to deport Abrego Garcia to third country, DOJ lawyer says

Sen. Chris Van Hollen, D-Md., right, meets with Kilmar Abrego Garcia, the Maryland resident who was erroneously deported to El Salvador by ICE agents. (Photo courtesy Van Hollen's office)

Sen. Chris Van Hollen, D-Md., right, meets with Kilmar Abrego Garcia, the Maryland resident who was erroneously deported to El Salvador by ICE agents. (Photo courtesy Van Hollen's office)

This report has been updated.

GREENBELT, Maryland — The Trump administration plans to deport Kilmar Abrego Garcia to a third country once he is released from federal custody, a Department of Justice attorney disclosed during a Thursday emergency court hearing.

Attorneys for the unlawfully deported Abrego Garcia had made an emergency request Thursday to bring him back to Maryland while his criminal case continues.

The move by the lawyers followed earlier public statements from Trump administration officials that they would deport Abrego Garcia to El Salvador upon his release from a Tennessee federal court as soon as Friday. But Thursday, plans appeared to have shifted to deportation somewhere else.

DOJ attorney Jonathan Guynn, under questioning by District of Maryland Judge Paula Xinis, said the Trump administration planned to deport Abrego Garcia, and “to a third country is my understanding.”

“He will be taken into (U.S. Immigration and Customs Enforcement) custody and removal proceedings will be initiated,” Guynn said of Abrego Garcia’s release. “There are no imminent plans to remove him to a third country.”

Xinis declined the request to return him to Maryland, arguing that Abrego Garcia has not been released and that she’s not clear if she has the jurisdiction to fulfill such a request.

She added that Guynn said the U.S. Department of Homeland Security does not have “imminent plans” to deport Abrego Garcia to a third country, while holding out that possibility.

The Supreme Court this week, ruled that it will allow, for now, the Trump administration to continue carrying out deportations to third countries, after a Massachusetts judge barred removals without proper notice. In such cases, immigrants are deported to countries that are not their native countries and may be far from them.

Jonathan Cooper, a partner of Quinn Emmanuel, the firm representing Abrego Garcia in his immigration case, tried to ask Xinis if she would require the Trump administration to notify Cooper and his team before deporting him to a third country.

“We have concerns that the government may try to move Mr. Abrego Garcia quickly over the weekend,” Cooper said.

Xinis said she would not because Guynn said that the Trump administration had no “imminent plans” to remove Abrego Garcia.

Cooper laid out the same concerns in the written emergency request to Xinis Thursday.

“The Government’s public statements leave little doubt about its plan: remove Abrego Garcia to El Salvador once more,” according to the complaint written by attorneys from Quinn Emmanuel.

“If this Court does not act swiftly, then the Government is likely to whisk Abrego Garcia away to some place far from Maryland,” it says.

Federal prosecutors in Tennessee court have said that should Abrego Garcia be released, he would be immediately arrested by ICE agents and could face deportation back to El Salvador, despite having protections from such removal since 2019.

Tennessee case

Abrego Garcia was returned from El Salvador earlier this month to the United States to face federal criminal charges lodged in Tennessee that accuse him “of conspiracy to unlawfully transport illegal aliens for financial gain” and “unlawful transportation of illegal aliens for financial gain.”

The indictment occurred while Abrego Garcia was housed in a Salvadoran prison.

The human smuggling charges stem from a 2022 traffic stop in Tennessee when police pulled Abrego Garcia over for speeding. Eight other men were in the car, but neither Abrego Garcia nor the passengers were arrested.

DHS opened an investigation into the three-year-old stop and Attorney General Pam Bondi held a press conference on the day Abrego Garcia was returned to the U.S. to face federal charges.

She argued that the traffic stop was part of a years-long human smuggling scheme where Abrego Garcia was paid by members of the MS-13 gang to transport migrants who entered the country without legal authorization to destinations across the country.

His attorneys have denied the charges and Abrego Garcia pleaded not guilty in federal court in Nashville.

Stephen Miller, the chief architect of many of the president’s immigration policies and a senior White House adviser, has written on social media that Abrego Garcia would be deported back to El Salvador if released. Abrego Garcia’s attorneys have pointed to that statement as to why they want him brought back to Maryland.

The Trump administration has alleged that Abrego Garcia is a leader of the MS-13 gang, and President Donald Trump has made those same allegations. During an interview, the president held up a photo of Abrego Garcia’s knuckles that were digitally altered to type MS-13 on his fingers.

House Democrats pressed DHS Secretary Kristi Noem in May about the doctored photo and she sidestepped questions about whether the photo was real, until she eventually said she was unaware it existed.

She added that even if Abrego Garcia was returned to the U.S. that he would be immediately deported.

Maryland arguments

In Maryland, Abrego Garcia’s lawyers said in their complaint they want to ensure he is not deported again.

“This motion does not ask this Court to adjudicate Abrego Garcia’s custodial status in the Tennessee criminal proceedings; that is for the Tennessee district court to resolve,” they wrote.

“Nor does this motion seek to alter any of the conditions of release set by the Tennessee district court or otherwise interfere with the Tennessee criminal proceedings. This motion simply seeks to ensure that when Abrego Garcia is released from criminal custody, he returns to, and remains in, this District (other than to travel to Tennessee as needed), until further order from this Court.”

Abrego Garcia lives with his family in Maryland. “Maryland is where he was on March 12 at the moment his unlawful removal saga began, when ICE agents with ‘no warrant for his arrest and no lawful basis’ arrested him and locked him up at an ‘ICE facility in Baltimore, Maryland,’” the complaint said.

“Returning Abrego Garcia to Maryland implements the Supreme Court’s directive and safeguards this Court’s jurisdiction in this matter,” it added.

Clashes between administration and judges

Abrego Garcia’s wrongful deportation drew national attention to the Trump administration’s aggressive mass deportations campaign that some judges have found skirted due process rights for immigrants. The White House has clashed with the judicial branch with some frequency over immigration decisions.

The Trump administration this week has, in an unusual move, sued the entire judicial bench of the District Court of Maryland, including Xinis, over a standing order to require a two-day pause for deportations due to a high volume of habeas corpus claims from immigrants challenging their detention in the state. A habeas corpus claim allows immigrants to challenge their detention.

Abrego Garcia has had deportation protections from his home country since 2019, but in March he was arrested in Maryland by federal immigration officials while driving his son home and informed his status had changed. Days later, he was deported to a notorious prison in El Salvador, a move the Trump administration admitted was a mistake.

In April, the Supreme Court ruled that the Trump administration had to “facilitate” Abrego Garcia’s return to the United States, but stopped short of requiring it.

For the next two months, administration officials would testify in a Maryland court that Abrego Garcia’s return was out of their hands and up to the government of El Salvador.

Xinis has accused the Trump administration of stonewalling information and is allowing for discovery in the civil case to continue to determine if the Trump administration violated her court order to return Abrego Garcia. 

Wrongly deported Maryland man Abrego Garcia returned to U.S.

A protester holds a photo of Maryland man Kilmar Abrego Garcia as demonstrators gather to protest against the deportation of immigrants to El Salvador outside the Permanent Mission of El Salvador to the United Nations on April 24, 2025. (Photo by Michael M. Santiago/Getty Images)

A protester holds a photo of Maryland man Kilmar Abrego Garcia as demonstrators gather to protest against the deportation of immigrants to El Salvador outside the Permanent Mission of El Salvador to the United Nations on April 24, 2025. (Photo by Michael M. Santiago/Getty Images)

WASHINGTON — Kilmar Abrego Garcia, a Maryland man wrongly deported to his native El Salvador three months ago, was brought back to the U.S. on Friday and will face federal charges, U.S. Attorney General Pam Bondi said.

Abrego Garcia’s case had become a flashpoint in a debate over what due process rights protect immigrants from deportation after federal officials conceded he was sent to a notorious El Salvador mega-prison because of an administrative error. 

Still, President Donald Trump, El Salvador President Nayib Bukele, Bondi and other administration officials said for months Abrego Garcia could not be released because of criminal conduct they had not publicly produced evidence of.

In a gaggle with reporters on Air Force One Friday night, Trump declined to say whether it was his decision to bring Abrego Garcia back to the U.S., according to White House pool reports.

“He should have never had to be returned,” Trump said. “It’s a disaster.”

Bondi said Friday a federal warrant for Abrego Garcia’s arrest on human trafficking charges compelled his release from the Salvadoran prison system.

“Abrego Garcia has landed in the United States to face justice,” Bondi said at a Department of Justice news conference Friday afternoon. “He was a smuggler of humans and women and children.”

The 10-page indictment filed in the Middle District of Tennessee comes after a federal grand jury indicted him on May 21 for allegedly transporting migrants in the U.S. without legal authorization within the country.

Chris Newman, an attorney representing the Abrego Garcia family said at a virtual press event Friday that he remained skeptical of the federal charges lodged at Abrego Garcia.

“I can tell you that we should all treat whatever charges that are being leveled against him with a high degree of suspicion,” Newman said. “We should make sure that he gets a fair (trial) in court because he’s clearly not getting a fair hearing in the court of public opinion.”

Bondi did not detail when the investigation into Abrego Garcia began, but said the federal indictment charges contained “recently found facts.”

“This is what American justice looks like upon completion of his sentence, we anticipate he will be returned to his home country of El Salvador,” Bondi said.

WKRN in Nashville said Abrego Garcia’s arraignment has been scheduled for 10 a.m. Friday. 

Outcry over due process

Abrego Garcia’s wrongful deportation to the notorious mega-prison Centro de Confinamiento del Terrorismo, or CECOT, drew national outcry as the Trump administration clashed with a federal court that ordered the return of the Beltsville man and resisted the U.S. Supreme Court’s order to “facilitate” his return.

Despite the orders, Trump administration officials did not appear to take any public steps to secure Abrego Garcia’s release, and at times seemed to relish their defiance of the courts.

Bondi thanked El Salvador’s government Friday for releasing Abrego Garcia in compliance with the warrant.

The Trump administration has argued in federal court in Maryland for months that Abrego Garcia is in the custody of El Salvador and therefore cannot be returned, despite a $15 million agreement between the U.S. and the Salvadoran government to keep roughly 300 men removed from the U.S. and detained at CECOT. Abrego Garcia had been moved to a different El Salvador prison prior to his release.

Abrego Gacia had deportation protections to his home country of El Salvador since 2019.

He was pulled over by U.S. Immigration and Customs Enforcement agents in March and informed that his immigration status had changed. He was later placed on one of three deportation flights on March 15 to CECOT.

The Trump administration admitted his removal was an “administrative error” but has since alleged that Abrego Garcia was a leader in the MS-13 gang without producing evidence in the federal civil court overseeing the suit challenging his removal.

Maryland U.S. Sen. Chris Van Hollen, who traveled to El Salvador to press for Abrego Garcia’s release and return to the U.S., welcomed the news as a victory for due process rights.

“As I have repeatedly said, this is not about the man, it’s about his constitutional rights – and the rights of all,” the Maryland Democrat said in a statement. “The Administration will now have to make its case in the court of law, as it should have all along.”

William J. Ford contributed to this report.

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