Judge temporarily blocks Abrego Garcia's deportation

Judge temporarily blocks Abrego Garcia's deportation

11 hours ago Share Save Tom Geoghegan and Kayla Epstein BBC News Share Save

Getty Images Abrego Garcia arrives at ICE field office, surrounded by supporters

A federal judge temporarily blocked the US government from deporting Kilmar Abrego Garcia to another country, after immigration officers took him into custody at a check-in this morning. The government brought Mr Abrego Garcia back to the US after mistakenly deporting him to a notorious prison in El Salvador in March, and has since charged him with human trafficking. US authorities told Mr Abrego Garcia he may be deported to Uganda, following his refusal to accept a plea deal, his lawyers say. Mr Abrego Garcia filed a new federal lawsuit challenging his current detention and potential deportation "to Uganda or any other country" until he has a trial.

At Tuesday's hearing, US District Judge Paula Xinis said she was barring the government from deporting Mr Abrego Garcia until she could hold a hearing on the matter. She also raised questions about the government's intention to deport him to Uganda. She said the US failed to demonstrate that Mr Abrego Garcia would not face harm if deported to Uganda. The judge also expressed concerns that the government would send him to a country where he had no connections, should he not plead guilty to criminal charges. "It is in my view plain that you can't do that," Judge Xinis said. "You can't condition the reliquishment of constitutional rights in that regard." "You'd never get a knowing and voluntary guilty plea out of anyone if you do that," she said. Two existing court orders bar the government from deporting him from the continental US until Wednesday afternoon. "My understanding is that removal is not imminent," government attorney Drew Ensign told Judge Xinis. He noted that "third country removal takes some time". Judge Xinis told Mr Ensign that the Trump administration was "absolutely forbidden" to remove Mr Abrego Garcia while those orders were in effect. ICE is currently holding Mr Abrego Garcia at a facility in the state of Virginia, his attorney Simon Sandoval-Moshenberg told Judge Xinis. He asked that the judge order his client remain detained within 200 miles of the court in order to ensure he had swift access to his legal proceedings. Judge Xinis asked both parties to submit briefs this week ahead of a potential hearing. She is the same jurist who oversaw the initial lawsuit over Mr Abrego Garcia's mistaken deportation to El Salvador.

Watch: Attorney for Kilmar Abrego Garcia announces new detention