ICE rearrested Kilmar Abrego Garcia early Monday morning, setting him up for a speedy deportation — but his lawyers quickly sued in what appears to be an attempt to stop his ouster.
He was taken into custody when he checked in with U.S. Immigration and Customs Enforcement in Maryland, less than three full days after he’d been released from pre-trial detention in Tennessee, where he faces criminal charges of migrant smuggling.
“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.”
ICE handles deportation, which is separate from the criminal justice system. Mr. Abrego Garcia is an illegal immigrant with an order of deportation against him, though the order says he cannot be sent back to his home country of El Salvador for fear of persecution.
On March 15, the administration deported him to El Salvador anyway, igniting the biggest deportation battle of President Trump’s tenure.
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, remember that 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.”
His lawyers have filed a habeas petition in court in Maryland, attempting to derail his looming deportation.
They argue the government has been unfair in its pursuit of him, attempting to pressure him to plead guilty to the criminal charges in exchange for a deportation to Costa Rica. If he refuses that offer, ICE has notified him that he will be deported to Uganda, a much less attractive option for the Central American native.
The case was assigned to Judge Paula Xinis, the same Obama appointee who accused the Trump administration of acting in bad faith and found the initial March arrest and deportation unlawful.
Under controversial rules in the Maryland federal court, an automatic stay of deportation has been entered blocking his removal for two days.
He was freed from jail in Tennessee Friday, after another judge, Waverly Crenshaw, ruled the migrant smuggling case against him doesn’t rise to the level of a threat to justify keeping him behind bars until his trial.
ICE had initially planned to quickly arrest him again but Judge Xinis said since his initial March arrest was unlawful Mr. Abrego Garcia needed to be returned to the status he was before that — in other words, free on the streets in Maryland.
That was the situation over the weekend, but ICE ordered him to check in Monday morning, where officers rearrested him.
ICE notified him Friday that he faced what’s known as a “third country deportation,” in this case to Uganda.
ICE says Mr. Abrego Garcia is a member of MS-13 and was part of a massive migrant smuggling operation, which led to the criminal case against him.
He pleaded not guilty.
• Stephen Dinan can be reached at sdinan@washingtontimes.com.