(VIRGINIA) Kilmar Abrego Garcia remains in ICE custody at a Virginia detention center after a federal judge blocked his removal, halting a fast-moving deportation effort that has drawn national attention. On August 25, 2025, ICE detained Abrego Garcia at a scheduled check-in in Baltimore, just three days after he was released from criminal custody in Tennessee and transferred to Maryland under U.S. Marshals Service electronic monitoring and house arrest. U.S. District Judge Paula Xinis issued a temporary restraining order hours later, stopping his deportation and any transfer from Virginia so he can work with his lawyers. An evidentiary hearing is set for October 6, 2025.
Background of the deportation attempt
The Department of Homeland Security is currently seeking his deportation to Uganda, a move his attorneys say would violate past legal protections and basic due process. DHS previously deported him to El Salvador in March 2025, despite a 2019 court order that barred removal to that country. He was jailed without trial in El Salvador’s CECOT mega-prison for months before being returned to the United States in June 2025 to face separate federal human smuggling charges, which are still pending.
The government now points to a recent U.S. agreement with Uganda to accept certain deportees as the legal basis for removal.
“Wholly lawless,” Judge Xinis wrote in earlier orders, criticizing government conduct and emphasizing the court’s role in enforcing due process and ensuring access to counsel.
Her restraining order bars any removal from the continental United States or transfer out of Virginia before the October 6 hearing, which will examine the legality of Abrego Garcia’s detention and the push for deportation to a third country.
Public statements, allegations, and risk concerns
President Trump and DHS Secretary Kristi Noem have publicly called Abrego Garcia an MS-13 gang member and a public safety risk. These claims have been repeated despite:
- The absence of criminal convictions tied to gang activity in this case
- Denials from his family and legal team
ICE and DHS officials argue that deportation is justified on public safety grounds, but those assertions have not been tested in court here. Analysis by VisaVerge.com warns that publicly branding a detainee as a gang member before trial can fuel political pressure and may put the person at risk if sent abroad, especially where such labels carry deadly consequences.
Latest developments and court orders
- August 25, 2025: ICE takes Abrego Garcia into custody at a Baltimore check-in while he is under federal electronic monitoring.
- August 25–26, 2025: Judge Xinis issues a temporary restraining order blocking deportation and transfer out of Virginia.
- Current status: He remains in ICE custody at a Virginia facility with court-ordered access to counsel.
- Next key date: October 6, 2025 evidentiary hearing on detention and deportation legality.
His lawyers say ICE detained him without providing timely paperwork, then quickly moved to process his deportation to Uganda after he rejected an earlier plea deal that would have sent him to Costa Rica. They have filed emergency motions to block removal and are seeking a gag order to limit public statements from the administration that they argue could taint the case.
The legal team, led by Simon Sandoval-Moshenberg, calls ICE’s actions punitive and unconstitutional, pointing to the 2019 order that granted Abrego Garcia “withholding of removal” to El Salvador due to the risk of persecution if returned there.
How the case reached this point
- March 12, 2025: ICE arrests Abrego Garcia in Baltimore after work and picking up his son.
- March 15, 2025: He is deported to El Salvador and sent to the CECOT mega-prison, despite the 2019 court order barring his removal there.
- March–June 2025: He remains jailed in El Salvador without trial; U.S. officials later call the deportation an “administrative error.”
- June 2025: He returns to the U.S. to face federal human smuggling charges in Tennessee.
- August 22, 2025: Released to his brother’s custody in Maryland under house arrest.
- August 25, 2025: ICE detains him at a check-in and starts processing deportation to Uganda.
Legal and procedural issues at stake
The administration’s strategy reflects a broader practice of deporting some migrants to third countries instead of their countries of origin. In Abrego Garcia’s case, the government shifted targets—from El Salvador (off-limits by court order) to Uganda, and earlier to Costa Rica in plea discussions.
Legal experts raise these questions:
- Can a person with U.S.-recognized protection from one country be lawfully deported to a different country?
- How far can executive power go when a court has already limited removal tied to safety and due process?
- Does moving a detainee far from counsel undermine the right to a fair hearing?
The government insists its approach is lawful and necessary for public safety. The defense counters that accusations must be proven and that deportation should not be used as a shortcut around criminal trials or prior court orders. Judge Xinis’s orders make clear the judiciary will test the facts and legal grounds before any removal takes place.
Asylum claim and protections
Abrego Garcia has filed an asylum claim in the United States. Attorneys and scholars describe this move as “smart but risky” in the current political climate:
- Asylum can broaden protection beyond a single country if approved.
- His earlier protection was withholding of removal to El Salvador, which blocks deportation to that specific country only.
- Seeking asylum opens an additional legal path but may invite more aggressive government response.
Human and family impacts
Families often pay the highest price during prolonged detention fights. Abrego Garcia’s wife and children are U.S. citizens. Advocates say:
- The months of separation and uncertainty have caused deep strain.
- His sudden deportation to El Salvador in March intensified family hardship.
- The June return eased one worry but created another: risk of deportation to a country where he has no ties.
For families, the human stakes include lost income, missed school events, and constant worry over a loved one’s safety.
Wider policy stakes
This case is testing how far the executive branch can act when a federal court has limited removal options. Possible broader impacts:
- How courts oversee transfers of detainees who may be moved far from counsel.
- Whether third-country deportations can proceed when a person holds recognized protection against removal to a particular country.
- How courts respond when executive actions clash with prior judicial orders.
By barring transfers out of Virginia, Judge Xinis emphasized the practical need for legal access in a fast-moving case. That detail may matter for others in ICE custody facing sudden deportation moves.
Practical guidance for families and supporters
Attorneys advise families to:
- Check the ICE Detainee Locator for custody and facility details.
- Keep case numbers ready and note any changes in facility location.
- Document all communication with ICE or DHS.
- Challenge transfers that cut off counsel access, especially if a court order is in place.
What to expect next
Looking ahead to October 6, both sides will present starkly different narratives:
- Government arguments:
- Deportation to Uganda is lawful and necessary.
- Public safety claims and diplomatic arrangements support removal.
- Defense arguments:
- The 2019 withholding of removal to El Salvador remains controlling.
- The March deportation violated orders and denied due process.
- The right to seek asylum should not be undercut by rushed removal.
The judge’s decision on detention and removal procedures could drive the next phase. Appeals are likely regardless of the outcome. Key unresolved legal questions include whether third-country deportations can proceed when past judicial protections exist and how courts should respond when executive actions conflict with earlier orders.
For now, Abrego Garcia waits in Virginia, meeting with his lawyers as allowed by Judge Xinis’s order and preparing for a hearing that may decide whether he remains in the United States or faces deportation once again. His supporters say the court has restored a measure of fairness after a chaotic spring. Officials maintain they are following the law and acting to protect the public.
The endgame will play out in court, where facts and law — not speeches — will carry the day.
This Article in a Nutshell
Kilmar Abrego Garcia remains in ICE custody in Virginia after U.S. District Judge Paula Xinis issued a temporary restraining order on August 25, 2025, blocking his deportation and transfer ahead of an October 6 evidentiary hearing. ICE detained him during a Baltimore check-in after his release from Tennessee and transfer to Maryland under electronic monitoring. DHS seeks to deport him to Uganda following a March 2025 removal to El Salvador that violated a 2019 withholding-of-removal order; Abrego Garcia was then held in El Salvador’s CECOT prison before returning to face federal human-smuggling charges. The government claims public-safety grounds and cites a Uganda agreement, while defense attorneys argue the actions are punitive, unconstitutional, and inconsistent with prior court protections. Key legal questions include the lawfulness of third-country deportations when prior judicial protections exist and whether transfers that separate detainees from counsel undermine due process. The October hearing will test the government’s legal basis; appeals are expected regardless of the decision.
