Judge temporarily bars Kilmar Abrego Garca's deportation to Uganda
Source: Washington Post
August 25, 2025 at 12:47 p.m. EDT
A federal judge on Monday temporarily barred Kilmar Abrego Garcías deportation to Uganda until she can hold a hearing to examine whether the Trump administration will give him an opportunity to contest his removal to that country.
U.S. District Judge Paula Xinis issued that order from the bench, hours after Homeland Security officials detained him during a required check-in at the U.S. Immigration Customs Enforcement field office in Baltimore and said theyd begun processing him for removal.
The effort to remove Abrego comes just three days after he was freed from criminal custody by another federal judge, in Tennessee, to await trial on migrant smuggling charges. Trump officials had insisted Abrego would never go free in the United States, and ICE notified him shortly after his release Friday that the agency intended to seek his removal to Africa within days.
But during Mondays court hearing, Deputy Assistant Attorney General Drew Ensign said that regardless of Xinis order, Abregos deportation was "not imminent. Third-country removals often take some time, he said.
Read more: https://www.washingtonpost.com/immigration/2025/08/25/kilmar-abrego-garcia-detained/
No paywall (gift)

Jim__
(14,950 posts)BumRushDaShow
(160,919 posts)along with the bullshit of "It's up to El Salvador"... yet he was brought back, means that they are still "playing to the camera" but still (so far) somewhat adhering to the court orders.
The main thing that has kept them going on some assorted and sundry violations (at least temporarily) has been the SCOTUS blessings to continue the violations while those cases work through the lower courts (but so far not the vast majority that they have "lost" and apparently didn't appeal).
twodogsbarking
(16,016 posts)vapor2
(3,170 posts)SickOfTheOnePct
(8,673 posts)
thats been in place for years.
LetMyPeopleVote
(170,428 posts)This hearing did not go well for the DOJ
Judge Xinis says there's been no offer of protection from Uganda akin to what Costa Rica has promised. The government can right the ship by showing some representation from Uganda that his freedom will not be curtailed, or that he will not be tortured or sent to El Salvador. 2/
— Mueller, She Wrote (@muellershewrote.com) 2025-08-25T18:09:05.534Z
She also says that Mr Abrego's deportation to Uganda is punishment for exercising his constitutional rights (in her preliminary view), so she just wants to make sure the schedule she proposes works. She will extend her TRO in the interim. 3/
— Mueller, She Wrote (@muellershewrote.com) 2025-08-25T18:13:08.204Z
Drew Ensign says removal is not imminent, and he'd like to consult with his clients and Mr Abrego's lawyers. Judge Xinis asks "are you aware that the government is absolutely forbidden to remove him from the United States?" Mr. Ensign says he understands that. 4/
— Mueller, She Wrote (@muellershewrote.com) 2025-08-25T18:13:08.205Z
Mr Abrego's lawyers say they are concerned the government might move him tonight. Ensign says he doesn't have authorization to agree to that, but says he isn't aware of any plans to move him. Xinis says she will order government to NOT remove him to a place where he wont have access to counsel 8/
— Mueller, She Wrote (@muellershewrote.com) 2025-08-25T18:19:30.800Z
HA: she asks "do i need to put that in writing or will my oral announcement suffice?" (The government argued in the alien enemies act case that Judge Boasberg's oral order to turn the planes around didn't count.) The government says her oral order is sufficient. 9/
— Mueller, She Wrote (@muellershewrote.com) 2025-08-25T18:21:21.101Z
twodogsbarking
(16,016 posts)LeftInTX
(34,006 posts)Generally, it is use for misdemeanors and a few minor felonies. DUI's and cases where incarcerating someone is not worth the effort etc
Charges are dropped or judication is deferred and the person is deported.
However, they aren't deported to Uganda!
Sometimes asylum seekers (from El Salvador) are sent back to where they came from after they have served their sentence or as part of a plea deal. (It depends on the crime etc)
Now if the person is from a country like Venezuela, who won't take them back, under previous administrations they would go to trial, serve their sentence and usually stay in the US after serving their sentence.
I don't know how much prison time Garcia could be facing for smuggling charges. Someone who I'm familiar with was arrested for human smuggling in 2023. He's born here. I think the charges were dropped because I can't find anything else about the case. I read that he was arrested in a news article, but nothing else. I've had the displeasure of dealing with that guy and he's a PITA, so I'm not gonna ask around. But I think the charges were dropped. He's still roaming around town.
Odds are Garcia will be deported. I think even if he is found not guilty, there is a chance he could still be deported.
SickOfTheOnePct
(8,673 posts)...as soon as they figure out where they can send him to, he'll be gone.
LeftInTX
(34,006 posts)But read the prosecutor could be disbarred for disobeying it.
Hopefully, they can let him plea for "time served" and let him to go to Costa RIca. I guess Mexico could be an option, but don't know how that works.
SickOfTheOnePct
(8,673 posts)But if he has final deportation orders, it's really just a matter of figuring out where to deport him to. He can't be sent to El Salvador, and he (understandably) doesn't want to go to Uganda, so it's just a matter of the government figuring out who will accept him.
The deportation order he's under has nothing whatsoever to do with the human trafficking case.
LeftInTX
(34,006 posts)They have to "prove their innocence" and stuff like that. Hence, the govt can do a plea bargain on whatever. Hence, they can say, "Plead guilty to human smuggling and we'll deport you to Costa Rica after you serve your time". The govt has more leverage with immigrants. And immigration policy is often at the whim of the president. With deportation/plea bargains, it's to remove "rift-raft" from the US swiftly and without complications etc. Serious criminals are generally not offered deportation plea bargains.
The judge's order was from the case in Maryland. The smuggling case is more of a "rift-raft" case. The US doesn't want people in the US who smuggle other people in.
SickOfTheOnePct
(8,673 posts)...that is, when facing criminal charges, immigrants have the exact same rights to due process as citizens.
That said, the offer of sending him to Costa Rica if he pleads guilty, but to Uganda if he refuses, is stupid. If they don't want to have the trial, they could have just sent him to Costa Rica, who from what I understand, has safety protocols in place if he goes there.
LeftInTX
(34,006 posts)SickOfTheOnePct
(8,673 posts)...the trafficking charges were even brought; the two aren't related.
They aren't looking to deport him based on the trafficking charges, they're looking to deport him because he entered the country illegally, and two judges in 2019 agreed that he had gang affiliations.
It's like I was saying earlier, if someone entered and remains in the country illegally, that's all that's necessary in order to deport them - there doesn't have to be criminal convictions or even charges.
bluestarone
(20,387 posts)I feel (think) the end game for all of us is, TSF will not listen to any judges orders, with the Supreme Courtys blessings. Then what are our options? I cannot state what (I feel) our next options are.
Buns_of_Fire
(18,781 posts)the only predictable result is that it won't be Ensign going to jail.
Justice Brandeis
(309 posts)The courts are ultimately not going to save him. In the short-run they can delay things, but that is really it.
LetMyPeopleVote
(170,428 posts)The Trump administration took him into immigration custody Monday morning after he was released from criminal custody on Friday.
Judge temporarily blocks Trump from deporting Kilmar Abrego Garcia to Uganda www.msnbc.com/deadline-whi...
— Minka (@minkab.bsky.social) 2025-08-25T19:26:27.128Z
https://www.msnbc.com/deadline-white-house/deadline-legal-blog/kilmar-abrego-garcia-uganda-judge-rcna226995
The temporary reprieve from U.S. District Judge Paula Xinis during a hearing on Monday afternoon came quickly after Abrego was detained on Monday morning when he reported to immigration authorities in Maryland, following his release from criminal custody in Tennessee on Friday. Before his release from criminal custody, the government offered him a plea deal that would have resulted in his deportation to Costa Rica, which, like his birth country of El Salvador, is a Spanish-speaking country in Central America. But after his release, the government said it intended to deport him to the African nation of Uganda. His lawyers then filed a new lawsuit in Maryland to challenge his latest detention and impending removal.
Abrego had been living in Maryland when the government illegally sent him to El Salvador in March, despite a 2019 court order that barred his removal to that country for his fear of persecution there. The U.S. government resisted court orders to return him until June, when it brought him to Tennessee to face charges of unlawfully transporting undocumented immigrants. He pleaded not guilty.
Xinis, an Obama appointee, is the judge who initially ordered his U.S. return.
Wonder Why
(6,225 posts)bluestarone
(20,387 posts)to STAY with local authorities?
SickOfTheOnePct
(8,673 posts)...highly unlikely that a federal judge can or would.
It's not the role of the judge to keep him from being deported altogether; it's the role of the judge to ensure that he has due process, that he isn't deported to El Salvador, and that whatever country he is deported to won't abuse him.