ICE detains Kilmar Ábrego García amid ongoing litigation over wrongful deportation News
Chris Van Hollen, Public domain, via Wikimedia Commons
ICE detains Kilmar Ábrego García amid ongoing litigation over wrongful deportation

Kilmar Ábrego García, a Salvadorian national whose wrongful deportation earlier this year prompted multiple rebukes from federal courts, was taken into custody on Monday by US Immigration and Customs Enforcement (ICE) at its Baltimore field office.

The detention occurred despite several federal court orders directing the government to ensure his presence in the US while his legal claims were resolved. His arrest has raised renewed questions about executive compliance with binding judicial orders.

ICE’s action followed a prior illegal deportation in March, which was overturned by a court order mandating his return to the US, which took place in June. On March 24, he and his family filed a complaint in the US District Court for the District of Maryland, arguing that the deportation violated due process and the courts’ prior orders.

Judge Paula Xinis ultimately ruled that the deportation “shocks the conscience” and was “wholly lawless,” ordering the government to “take all the appropriate steps” to secure Ábrego García’s return. When the government sought relief, the US Court of Appeals for the Fourth Circuit rejected its motion for a stay, reaffirming that the government’s duty was not merely to remove barriers but to actively facilitate his return.

The case reached the Supreme Court in April, when the government again attempted to block his return. In an emergency application, Homeland Security (DHS) Secretary Kristi Noem argued that ICE should not be required to retrieve him. The court declined to intervene, leaving intact the district court’s mandate.

Despite these rulings, Ábrego García was detained again Monday following a check-in. DHS issued a press release framing him as an “MS-13 gang member, human trafficker, serial domestic abuser, and child predator,” accusations that remain unproven. His attorneys immediately filed a motion for emergency relief, arguing that this detention once again undermines court orders.

Ábrego García also faces a parallel criminal proceeding in Tennessee, where his defense team moved to dismiss smuggling charges on grounds of vindictive prosecution. A recent filing argues that ICE’s threat to deport him to Uganda has been used as coercion to extract a guilty plea.

As of Monday, Judge Xinis has ordered that ICE keep Ábrego García in the United States while she weighs his legal challenge to the administration’s plan to swiftly deport him to Uganda.

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