Federal Judge Blocks Deportation of Abrego Garcia

A federal judge has issued a ruling that prevents the Trump administration from proceeding with the deportation of Abrego Garcia, declaring the effort “absolutely prohibited.” Judge Paula Sinis, appointed by former President Obama, will hold a hearing to evaluate whether the government plans to escalate the matter regarding his removal to another country.

Garcia’s detention occurred just days after his release from custody related to a federal criminal case in Tennessee. He initiated a lawsuit after being taken into Immigration and Customs Enforcement (ICE) custody when he reported for a check-in at the Baltimore Field office.

On Monday, Judge Sinis made it clear that Garcia will not be deported any time soon. “Your client is absolutely forbidden at this point from being removed from the continent of America,” she stated. “Is that an understanding we have?”

“Your honor, yes,” responded the attorney representing Drew Ensign, indicating that they understood the ruling.

However, government representatives noted that Garcia’s deportation “is not imminent.” Ensign mentioned that the procedure for deportation to third countries often takes time.

The case has attracted significant attention as a focal point of President Trump’s aggressive strategy to remove non-citizens from the U.S. Garcia was previously sent back to El Salvador by mistake, despite a court order from 2019 that prohibited his deportation due to safety concerns.

After initially resisting the court’s decision to facilitate his return, the Trump administration brought Garcia back to the U.S. in June but subsequently charged him with federal crimes in Tennessee. He asserts that he is facing selective and retaliatory criminal charges and that the attempts to deport him to Uganda reflect this vindictiveness.

During a hearing in Tennessee, Garcia’s lawyer alleged that the Department of Justice had offered him a plea deal concerning smuggling charges but threatened deportation to Uganda when he refused.

Judge Sinis expressed concern over these allegations, asserting that constitutional rights cannot be waived under such circumstances. She noted the lack of assurance that Uganda would not send Garcia back to El Salvador after accepting him, unlike Costa Rica, which had confirmed that he could move freely there.

A sealed court application has revealed that Garcia signed a statement expressing fears of persecution in Uganda, suggesting he could be sent back to El Salvador. He also indicated Costa Rica as a preferred destination for his deportation.

“He has now served that reasonable fear notice, which entitles him to a reasonable fear interview,” said Simon Sandoval Moschenberg, Garcia’s lawyer, during a press conference. “It seems clear to me that they can’t get him on a plane while awaiting that interview’s scheduling and results.”

Judge Sinis has ordered the government to refrain from transferring Garcia from the detention facility in Virginia. His lawyer stated that he is currently incarcerated there and that it should remain accessible as the case unfolds.

The government and Garcia’s legal team have been directed to propose a briefing schedule, including the date for the evidence hearing, by Tuesday morning.