The legal battle over Kilmar Abrego Garcia, an alleged MS-13 gang member and human trafficker from El Salvador, took another turn this week as a federal judge temporarily halted his deportation.
The case, which has drawn national attention due to Abrego Garcia’s repeated release and recapture, continues to unfold with new developments involving U.S. immigration authorities and federal courts.
On August 22, Abrego Garcia was released from jail by a Tennessee judge and returned to Maryland shortly after.
Less than a week later, on August 28, Immigration and Customs Enforcement (ICE) detained him again, with early indications suggesting that his next destination would be Uganda.
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That plan, however, was quickly interrupted when a federal judge stepped in.
U.S. District Judge Paula Xinis, appointed by former President Barack Obama, ordered a temporary block of the deportation on Monday afternoon.
The ruling followed a petition for a writ of habeas corpus filed by Abrego Garcia’s attorneys. Judge Xinis stated that there were “several grounds” on which she could provide relief, including questions over whether Uganda would agree to protections such as granting refugee status, allowing him to move freely within the country, and preventing his re-deportation to El Salvador.
The court’s intervention has left Abrego Garcia in federal detention while an evidentiary hearing is scheduled. His attorneys argued before the court that he should not be sent to Uganda, citing a “fear of persecution and torture.”
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The same argument was used previously to prevent his removal to El Salvador.
Fox News correspondent Bill Melugin obtained a document that shed more light on the dispute.
Posting the details on his X account, Melugin revealed an ICE communication sent through Abrego Garcia’s attorneys last Friday.
BREAKING: @FoxNews has obtained an email ICE sent to Kilmar Abrego Garcia’s lawyers this afternoon notifying them that ICE now plans to deport him to the tiny African country of ESWATINI due to him claiming fear of persecution/torture in Uganda & 20+ other countries, which ICE… pic.twitter.com/qpPiE6ZeyB
— Bill Melugin (@BillMelugin_) September 5, 2025
The email showed mounting frustration within the Trump administration over Abrego Garcia’s repeated claims of fear in multiple countries.
According to the document, ICE wrote: “The claim of fear is hard to take seriously, especially given that you have claimed (through your attorneys) that you fear persecution or torture in at least 22 countries.”
The list included nations across Latin America, the Caribbean, and Africa:
- El Salvador
- Uganda
- Mexico
- Belize
- Costa Rica
- Guatemala
- Honduras
- Nicaragua
- Panama
- Argentina
- Bolivia
- Brazil
- Chile
- Colombia
- Ecuador
- Paraguay
- Peru
- Uruguay
- Venezuela
- Cuba
- Dominican Republic
- Haiti
In the same communication, ICE notified Abrego Garcia of a new destination for removal: the Kingdom of Eswatini in southern Africa.
Eswatini, formerly known as Swaziland, is a small landlocked nation bordered by South Africa and Mozambique.
Once administered as a British high commission territory until its independence in 1968, the country was renamed Eswatini in 2018 by King Mswati III to reflect the traditional name used by its citizens.
The decision to designate Eswatini as the removal destination marks the latest twist in a case that has spanned multiple states and international considerations.
While the Trump administration continues to press forward with deportation efforts, the final outcome now depends on the forthcoming evidentiary hearing before Judge Xinis.
For now, Abrego Garcia remains in U.S. custody as the legal process moves forward. The case underscores the complexities of immigration enforcement, the role of federal courts in reviewing deportation orders, and the broader challenges involved in securing removal agreements with foreign governments.
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Why does an illegal alien criminal get to pick and choose where he is incarcerated or deported? No American that has been charged with or convicted of a crime has ever gotten to choose which prison they are housed in. I’m sure there are plenty of prisoners that aren’t happy where they are located. Why not try to accommodate the feelings of all prisoners? Because the liberals know that this is asinine. They are only using this thug as a political pawn. Drop Abrego Garcia and all his supporters in the middle of the ocean already. We’re sick of the games liberals play with our tax dollars and we’re sick of hearing his name.