A federal judge has delivered a sharp warning to the Trump administration: “Absolutely forbidden”—those were her exact words—when it comes to deporting Kilmar Abrego Garcia from the United States, at least for now.
U.S. District Judge Paula Xinis made the ruling on Monday, blocking any attempt to send Abrego Garcia to Uganda until a full hearing can be held. The judge wants answers about whether the government is giving him a fair shot to fight his deportation.
“Your clients are absolutely forbidden at this juncture to remove Mr. Abrego Garcia from the continental United States,” Judge Xinis said in court. “That is the understanding that we have?”
“Your honor, yes,” replied Justice Department attorney Drew Ensign. “We certainly understand that.”
The case exploded just days after Abrego Garcia was released from a Tennessee jail, where he had been facing federal charges. He was picked up by ICE almost immediately after checking in at their Baltimore office and locked up again—this time by immigration authorities.
The government claims his deportation isn’t happening anytime soon. “Third country removals often take some time,” Ensign said. But Xinis made it clear that time or not, he’s not going anywhere right now.
Abrego Garcia has been at the center of a legal battle for years. In 2019, a court ruled he could not be deported to El Salvador, where he fears for his life. Despite that, the Trump administration wrongfully deported him anyway. After months of pressure, they brought him back to the U.S.—only to hit him with new criminal charges.
He says this is retaliation.
Abrego Garcia argues the government is now trying to deport him to Uganda as punishment for refusing a plea deal. His lawyers say prosecutors offered him a deal: plead guilty to two human smuggling charges, serve time, then get deported to Costa Rica—a country that agreed to accept him as a citizen. When he said no, they turned around and said he’d be deported to Uganda instead.
That move didn’t sit well with Judge Xinis.
“You can’t condition the relinquishing of a constitutional right in that regard,” she said in court.
The judge also pointed out that there’s no evidence Uganda won’t just send him back to El Salvador, putting his life in danger all over again. Costa Rica, on the other hand, said it would let him live freely.
“The silence is taken certainly in contrast to what’s been provided by the country of Costa Rica,” Xinis said. “The contrast is significant.”
Documents filed in court show that Abrego Garcia formally expressed fear of persecution in Uganda and asked to be sent to Costa Rica instead.
“Now that he has served that reasonable fear notice, he’s entitled to a reasonable fear interview,” said his lawyer, Simon Sandoval-Moshenberg. “To me, it seems very clear — crystal clear — that while we’re waiting for that interview to be scheduled, while we’re waiting for the results of that interview, they can’t put him on a plane.”
Judge Xinis also ordered that Abrego Garcia remain in the Virginia detention facility where he is currently held so he can continue working with his legal team.
She gave both sides until Tuesday morning to submit a plan for moving the case forward, including dates for a full hearing.
