Kilmar Ábrego García, a longtime Maryland resident originally from Panama, was detained again in late Aug. following a routine check-in at ICE’s Baltimore office and now faces deportation after rejecting a plea deal that would have sent him to Costa Rica.
García, who was taken into custody on August 23, who was previously held in Tennessee on human smuggling charges before being transferred back to Maryland, will remain in ICE custody until at least October after a judge delayed his removal while reviewing the legality of the government’s actions.
Judge Paula Xinis of the U.S. District Court for Maryland scheduled an evidentiary hearing for Oct. 6, saying she will rule within 30 days of the proceeding.
She also barred authorities from deporting Ábrego García before the hearing. The case, which has drawn national attention, centers on whether the government’s attempts to send him to Uganda — a country with which the U.S. recently signed a deportation agreement — constitutes unlawful retaliation.
Ábrego García’s legal troubles began earlier this year when he was mistakenly deported to El Salvador in March despite a 2019 immigration judge’s order shielding him due to fears of persecution.
Ábrego García’s attorneys, including Simon Sandoval-Moshenberg of Hecker Fink LLP, argued in court that labeling him a “clear threat” is unfounded, noting the government has provided no evidence linking him to gang activity.
Ábrego García’s attorneys maintain that the attempt to deport him to Uganda is not only baseless but also dangerous, pointing to his history of persecution fears. A recent court filing contended that the unusual move reflects prosecutorial retaliation against Ábrego García for challenging prior deportation efforts.
Advocacy groups and immigration scholars say the case illustrates broader concerns about the use of third-country agreements in deportation policy.
Moira Donegan, a columnist for The Guardian U.S. who has written extensively on immigration and gender politics, says the case highlights systemic cruelty.
Legal experts and advocates have criticized the handling of Ábrego García’s case.
“Ábrego García, who had never been charged with any crime, became a symbol of the Trump administration’s ambitiously sadistic anti-immigration efforts,” Donegan commented.
He added that despite officials framing it differently, the intent was clear.
“Representatives for Trump’s immigration authorities dismissed the ordeal as an ‘administrative error,’ but the cruelty was the point,” Donegan said.
Ábrego García will also undergo a credible-fear interview to determine whether he faces persecution in Uganda.
His attorneys are seeking to renew his asylum claim before an immigration judge within the Department of Justice, citing the unlawful deportation to El Salvador earlier this year as evidence of procedural failures.
CASA, an immigrant advocacy organization, condemned the deportation of Abrego Garcia, a CASA member, as “outrageous,” emphasizing that forcibly removing a man with no criminal convictions undermines public trust in the justice system.
They further stated, “This is not just about one person — it’s about how power is wielded against vulnerable communities.”
Judge Xinis has indicated she will hear testimony from Trump administration officials as part of her review of the case. For Ábrego García, the October hearing will be pivotal because the outcome could determine not only whether he remains in the country but also how far the government may go in using third-country deportation agreements as a tool of enforcement.
As the legal battle unfolds, Ábrego García remains in ICE custody, caught between the government’s aggressive deportation agenda and the possibility of renewed asylum protections.
Copy edited by Damenica Ellis
