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August 25, 2025

Judge blocks ICE from deporting Maryland worker to Uganda

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Courts halt racist deportation to unconnected countries

Federal Judge Paula XinisPaula Xinis issued an emergency order on Aug. 25, 2025, forbidding ICE from deporting Kilmar Abrego GarciaKilmar Abrego Garcia after he was detained at a Baltimore ICE check-in. Uganda had already refused to accept Garcia, with an official testifying the government "ultimately said no," but ICE detained him anyway.

The US-Uganda third-country deportation agreement was signed Jul. 29, 2025—just weeks before ICE's Aug. 25 detention attempt. The agreement allows but doesn't require Uganda to accept deportees, revealing how quickly the administration tries to use newly signed deals even when receiving countries decline.

The Supreme Court temporarily paused (5-4) a Massachusetts district court's 15-day advance notice requirement on Jun. 23, 2025—it did not permanently eliminate deportation protections. Justices Sotomayor, Kagan, and Jackson dissented, warning the administration acts "unconstrained by law, free to deport anyone anywhere without notice."

Garcia is a Maryland union sheet metal worker who lived in the US for 30 years. ICE wrongfully deported him to El Salvador on Mar. 15, 2025 despite a 2019 immigration judge ruling that he faced well-founded persecution fears there.

Garcia spent approximately 5 months separated from his family between Mar. and Aug. 2025. He endured months in El Salvador's notorious CECOT mega-prison before the Supreme Court unanimously ordered his return on Apr. 10, 2025. He was brought back to face federal charges in Tennessee.

The DOJ indicted Garcia on Jun. 9, 2025—nearly 3 months after his wrongful deportation—for alleged human smuggling. The charges stem from a 2022 Tennessee traffic stop where he was released with only a warning. The indictment alleges at least 100 trips between Texas and Maryland between 2016-2025.

Judge Xinis found evidence suggesting the prosecution was retaliatory, raising constitutional concerns about using criminal charges to coerce deportations. Garcia was released from Tennessee federal custody on Aug. 22, 2025, then detained at ICE check-in on Aug. 25.

Garcia rejected a plea deal that would have sent him to Costa Rica if he pleaded guilty to federal charges and remained jailed. He maintains his innocence and is awaiting trial.

Garcia filed persecution fear notices stating he faces torture and persecution in Uganda due to his race, nationality, and political opinions. He worried Uganda would re-deport him to El Salvador where he was previously detained at CECOT prison.

Costa Rica offered to accept Garcia as a refugee. By Aug. 21, 2025, Costa Rica had formally communicated its offer, but the government pursued removal to Uganda instead. In Oct. 2025, the government claimed Costa Rica "does not wish to receive" him, which Judge Xinis found dubious.

Third-country deportation agreements let ICE attempt deportations to nations even when those countries refuse to accept deportees. Agreements with Uganda, Guatemala, Rwanda, and other countries were signed in 2025, with Uganda receiving development funds under the Jul. 29 deal.

Senator Chris Van Hollen traveled to El Salvador in Apr. 2025, meeting with Garcia after Salvadoran officials initially blocked access. Van Hollen described Garcia as "traumatized" by his CECOT detention.

Garcia's attorneys at Murray Osorio PLLC (formerly Legal Aid Justice Center) filed habeas corpus petitions arguing the government uses deportation threats to coerce guilty pleas. They secured emergency relief preventing arbitrary third-country removal.

Judge Xinis scheduled an evidentiary hearing for Oct. 6, 2025, and ordered Garcia to remain within 200 miles of the Maryland federal courthouse. The detention and deportation threats continue despite Garcia having Maryland family ties and community support.

🛂Immigration📜Constitutional LawCivil Rights⚖️Justice

What you can do

1

Support Legal Aid Justice Center at justice4all.org providing emergency deportation defense preventing arbitrary third-country removals without due process hearings

2

Contact House Judiciary Committee demanding oversight hearings on third-country deportation agreements violating constitutional due process and international human rights standards

3

Join immigrant rights organizations documenting conditions of deportees sent to third countries without safety assessments or connection requirements

4

Pressure appropriations committees to fund legal aid organizations providing habeas corpus representation for deportees facing arbitrary removal to dangerous countries

5

Support constitutional challenges to third-country deportation policies at American Civil Liberties Union defending Fifth Amendment due process rights for all persons on U.S. soil

6

Contact Senator Chris Van Hollen's office supporting legislation requiring judicial review before deportation to countries where individuals have no citizenship or residence history

7

Donate to community organizations supporting families facing separation through arbitrary third-country deportation policies targeting immigrant communities for political punishment