Immigration and Customs Enforcement rearrested Kilmar Abrego Garcia early Monday in preparation for a potential deportation to Uganda, but a federal judge ordered the government not to remove him, for now.
The illegal immigrant from El Salvador checked in with ICE in Maryland less than three full days after his release from pretrial detention in Tennessee, where he faces criminal charges of migrant smuggling.
Trump administration officials who announced plans to send him to Uganda said his arrest neared the end of his monthslong saga.
“Today, ICE law enforcement arrested Kilmar Abrego Garcia and are processing him for deportation,” Homeland Security Secretary Kristi Noem said.
“President Trump is not going to allow this illegal alien, who is an MS-13 gang member, human trafficker, serial domestic abuser and child predator, to terrorize American citizens any longer,” she said.
Judge Paula Xinis, who has become Mr. Abrego Garcia’s most powerful defender, stepped in again Monday afternoon and blocked his deportation.
She said she needs to hear more evidence before releasing her hold on Mr. Abrego Garcia.
Mr. Abrego Garcia spoke at a brief press conference before his arrest.
“My name is Kilmar Abrego Garcia, and I want you to remember this: I am free and I was able to be reunited with my family,” he said in Spanish, with a woman translating his words into English.
He said memories of time with his family, who live in Maryland, would give him “strength” to face his deportation battle.
“Regardless of what happens here today in my ICE check-in, promise me this: Promise me that you will continue to pray, continue to fight, resist and love, not just for me but for everybody.”
He remained in ICE detention Monday evening.
On Friday, Mr. Abrego Garcia was released from pretrial detention in the criminal case against him in Tennessee.
The judge in that case ruled that his situation didn’t rise to the level of danger or flight risk that would warrant full detention.
The immigration system is separate, and ICE has the authority to hold illegal immigrants while pursuing their deportations.
Mr. Abrego Garcia has been the focus of the biggest deportation battle of the administration. Democrats say he is being railroaded, and Trump officials say he is a dangerous member of MS-13.
Mr. Abrego Garcia is from El Salvador and is in the U.S. illegally. He was ordered deported in 2019, but the judge forbade his return to El Salvador over fears of persecution at the hands of another gang.
Regardless, ICE arrested him on March 12 and put him on a flight to El Salvador three days later.
Judge Xinis ruled the arrest and deportation illegal and ordered ICE to return him.
The administration resisted but worked behind the scenes to secure the indictment in Tennessee stemming from a 2022 encounter with police who found him with a carload of illegal immigrants.
With the indictment in hand, the administration returned him and placed him in pretrial detention. When it became clear he would be released in that case, ICE said it would quickly arrest him.
Judge Xinis stepped in at that point and said that because his March arrest was illegal, he needed to be returned to his previous status — in other words, free in the community in Maryland.
That led to his Friday release and return to Maryland. He stayed there over the weekend before being ordered to his check-in and arrest with ICE.
Mr. Abrego Garcia’s attorneys quickly filed a habeas corpus petition challenging his deportation order, which Judge Xinis, an Obama appointee, now has before her.
The lawyers argue that the government has been unfair in its pursuit of Mr. Garcia and is attempting to pressure him to plead guilty to the criminal charges in exchange for a deportation to Costa Rica.
ICE has notified him that if he refuses that offer, he will be deported to Uganda, a much less attractive option for the Central American native.
Speaking to reporters Monday, Mr. Trump said he had been battling “liberal courts” over Mr. Abrego Garcia but that the situation was taking shape.
“We have that under control,” he said.
He criticized Democrats who have rushed to Mr. Abrego Garcia’s defense.
“These people are deranged,” he said.
Sen. Chris Van Hollen, Maryland Democrat and Mr. Abrego Garcia’s most prominent defender on Capitol Hill, said the president is trying to short-circuit the illegal immigrant’s chance to exonerate himself of the criminal charges.
“Instead of spewing unproven allegations in the press and social media, the Trump administration needs to put up or shut up in court and allow Mr. Abrego Garcia the opportunity to defend himself,” the senator said.
• Stephen Dinan can be reached at sdinan@washingtontimes.com.