August 29, 2025
In a critical decision on Wednesday, a U.S. federal judge in Maryland mandated that Kilmar Abrego Garcia, an El Salvador native entangled in legal disputes and wrongful deportation claims, must remain in the United States. This ruling ensures that Garcia will not be deported while his legal proceedings, including a habeas corpus petition, are active.
US District Judge Paula Xinis specified that Garcia should be detained within 200 miles of the US District Court of the District of Maryland courthouse. This proximity is crucial to allow Garcia access to his legal representatives for both criminal and habeas cases.
During the court session, it was revealed by Garcia’s attorneys that he plans to seek asylum in the United States, marking his second attempt after a denial in 2019.
This judicial order follows a series of contentious moves by the Trump administration, which saw Garcia taken into custody by U.S. Immigration and Customs Enforcement (ICE) on Monday. This action was in direct contradiction to previous federal orders that necessitated Garcia's presence in the U.S. pending the resolution of his legal issues.
Garcia’s legal team responded swiftly by filing a lawsuit on Monday in the US District Court of the District of Maryland. They argued that Garcia had a constitutional right to contest his deportation in U.S. immigration court and contested the legality of the government's attempt to deport him to Uganda, a sudden change from an earlier plan to deport him to Costa Rica.
A habeas corpus petition, central to Garcia’s defense, challenges the legality of a non-citizen's detention and requires the government to justify the legality of the detainment.
Adding to the drama, a lawsuit filed by President Trump against every federal judge in Maryland, which aimed to block the halt on the immediate deportation of migrants fighting their removal, was dismissed on Tuesday. Garcia remains a high-profile figure in this saga, particularly after his wrongful deportation in March to El Salvador’s Centro de Confinamiento del Terrorismo. His family contested this action in Maryland's federal court, claiming it violated his right to due process. He was subsequently returned to the U.S. in June.
The U.S. Department of Homeland Security has labeled Garcia as an “MS-13 gang member, human trafficker, serial domestic abuser, and child predator." These remain allegations as they are yet to be proven in court. Garcia was recently released from jail in Tennessee, where he faces charges of human trafficking.
This case continues to draw significant attention due to its implications on immigration practices and the legal protections afforded to individuals within the U.S. legal system. As proceedings continue, Garcia's presence in Maryland, close to his legal counsel, is assured for now.