Man returned to U.S. after erroneous deportation appears in Maryland federal court
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Kilmar Abrego Garcia, who was mistakenly sent to a Salvadoran prison, is back in federal court in Maryland to contest ongoing deportation efforts.
Kilmar Abrego Garcia, a Maryland resident who was sent to El Salvador in March 2025 despite a 2019 court order blocking his removal, is scheduled to appear before a federal judge on Tuesday to continue challenging the government's deportation request. The Trump administration had argued that he was affiliated with a criminal gang, a claim he denies.
After the Supreme Court ordered his return, Garcia was brought back to the United States in June and faced human-smuggling charges in Tennessee, which were later dismissed by a federal judge who said the investigation was tainted by a vindictive motive. He was released from ICE custody while awaiting trial.
Government filings indicate the administration is still seeking to deport Garcia to a third country, having previously mentioned Eswatini, Liberia and Uganda as possible destinations. His lawyers argue that Costa Rica, which has indicated it would grant refugee status, is the only country he has designated for removal.
"What is unconstitutional is the Government's insistence on punitively removing him to an African country — to which he has no connection and has asserted a fear of persecution or torture, including by future refoulement — instead of the country which he validly designated, Costa Rica, in retaliation for exercising his constitutional and statutory rights," the attorneys wrote in a July filing.