A federal judge in Maryland has ordered that Kilmar Abrego Garcia, an El Salvador native, remain in the United States as he navigates ongoing legal proceedings. This decision, made by US District Judge Paula Xinis on August 29, 2023, comes amid Abrego Garcia’s challenges against his wrongful deportation, which has prompted multiple lawsuits and federal court rebukes.
Judge Xinis determined that Abrego Garcia must be detained within 200 miles of the US District Court of Maryland to ensure he has access to his legal counsel. His petition for habeas corpus, among other legal actions, is currently pending. During the proceedings, Abrego Garcia’s attorneys informed the court that their client is in the US following his second attempt at re-entry, the first having been denied in 2019.
This ruling follows a recent attempt by the US Immigration and Customs Enforcement (ICE) to deport Abrego Garcia to Uganda, despite several federal orders mandating that he remain in the country while his legal claims are resolved. On Monday, ICE detained him, which raised significant concerns among his legal team regarding the legality of this action. They argued that his deportation to Uganda contradicts his constitutional right to contest removal in US immigration court.
Abrego Garcia’s legal team filed a motion on August 28, 2023, to challenge the government’s deportation efforts and to assert his right to fight against being sent back to Uganda. They also expressed concerns about the abrupt change in ICE’s deportation plans, as he was initially slated to be deported to Costa Rica.
The legal situation surrounding Abrego Garcia is particularly pressing, given his previous illegal deportation to El Salvador in March 2023. After being sent to the Centro de Confinamiento del Terrorismo, his family quickly filed a complaint in federal court, arguing that this removal violated his right to due process. In response to various court orders, the government was compelled to return him to the US in June.
The Department of Homeland Security has labeled Abrego Garcia as an “MS-13 gang member, human trafficker, serial domestic abuser, and child predator,” categorically denying these allegations, which remain unproven. His legal troubles are compounded by ongoing charges related to human trafficking in Tennessee, where he was released from jail just days prior to the recent court ruling.
As the legal proceedings continue, the case of Kilmar Abrego Garcia highlights ongoing debates surrounding immigration policy and the rights of individuals facing deportation. The federal judiciary’s involvement illustrates the complexities involved in balancing immigration enforcement with constitutional protections.
