A federal judge on Wednesday blocked the Trump administration from deporting Kilmar Abrego Garcia until at least October. The deportation blocked by the court allows for a hearing on his due process rights.
Judge Paula Xinis Temporary Restraining Order Extended
U. S. District Judge Paula Xinis extended a temporary restraining order, keeping Abrego Garcia in the U. S. for at least five more weeks.
“Your clients are absolutely forbidden at this juncture to remove Mr. Abrego Garcia from the continental United States,” Xinis stated during the hearing.
The court order requires Immigration and Customs Enforcement (ICE) to keep Abrego Garcia within 200 miles of the court in Greenbelt, Maryland. A Justice Department attorney representing the Trump administration objected but confirmed they would voluntarily comply.
Deportation Blocked Until October Hearing
Abrego Garcia’s lawyers filed an emergency habeas request on Monday to ensure asylum seeker due process protections. They argued he has a right to a reasonable fear interview before being removed to a third country.
The legal action followed notification from ICE officials that they planned to arrest Abrego Garcia and proceed with his deportation to Uganda as early as Wednesday. This planned Trump administration ICE deportation was halted by the court’s intervention.
Legal Proceedings and Asylum Claim
Judge Xinis has scheduled an evidentiary hearing for October 6 to consider the emergency motion. She is expected to rule on the request within 30 days following that hearing.
Separately, Abrego Garcia’s lawyers filed an emergency motion on Tuesday in a Baltimore immigration court. The motion seeks to reopen his case to formally apply for asylum.
Concerns Over Third-Country Removal
Judge Xinis had previously cited concerns over the planned Kilmar Abrego Garcia deportation to Uganda, which recently reached an agreement with the U.S. to accept certain migrants. She noted the lack of a known proffer from Uganda detailing what protections or freedoms he would have there.
This was compared to information from Costa Rica’s government, which provided written assurances that Abrego Garcia would live freely. He declined an offer last week to be removed to Costa Rica as part of a plea deal related to criminal charges for human smuggling in Tennessee.
