Kilmar Abrego Garcia Released From Jail, Faces Possible Deportation to Uganda Amid Legal Uncertainty

Kilmar Abrego Garcia, a Salvadoran father who was previously deported in what federal authorities called an “administrative error,” has been released from pre-trial detention in Tennessee. Yet, within hours of his release, the U.S. government signaled it may again seek his removal — this time to Uganda.

According to a senior Department of Homeland Security (DHS) official and legal documentation, Immigration and Customs Enforcement (ICE) issued a notice stating that Abrego Garcia could be deported to Uganda no earlier than 72 hours after the notice was served, not counting weekends. This potential move follows a broader U.S. strategy of partnering with “third countries” to accept deportees who are not their citizens.

Why is Kilmar Abrego Garcia at risk of being deported to Uganda?

Abrego Garcia, a native of El Salvador, was wrongfully deported there earlier this year despite a 2019 immigration court ruling that barred his removal due to credible threats from gangs. He was held in a notorious Salvadoran prison for months before being returned to the U.S. and placed into custody once again.

Following a legal review, a federal judge in Maryland ruled that Abrego Garcia should be released ahead of his trial scheduled for January. However, the court did not prohibit the government from pursuing future deportation efforts. The only safeguard provided was a requirement that Abrego’s legal team be notified at least 72 hours in advance of any deportation action.

Uganda’s agreement to accept non-citizen deportees from the U.S. marks it as one of several countries participating in such arrangements. These “third-country” agreements have become increasingly common under the Trump administration’s efforts to tighten immigration policies.

What does Abrego Garcia’s case mean for his family and legal future?

Abrego Garcia’s family — including his wife and children, all U.S. citizens — welcomed his return to Maryland with relief. Yet their concerns remain high. Despite his release, Abrego Garcia still faces federal human smuggling charges in Tennessee, for which he has pleaded not guilty.

His attorneys argue that any further deportation would be both legally and morally unjust, particularly considering the trauma he endured during his wrongful detention in El Salvador. Immigration advocates have raised alarms about the use of third-country deportations in cases like his, where the individual faces real threats if removed from the United States.

A U.S. District Judge clarified that while ICE is required to provide advance notice, it retains the legal authority to pursue deportation, even to a third country like Uganda. This legal gray area has prompted fresh debate about the fairness and constitutionality of such deportation agreements.

Abrego Garcia’s situation highlights the fragile balance between immigration enforcement and human rights protections. As his legal team prepares for further action, the potential deportation to Uganda underscores the risks faced by many undocumented immigrants under evolving U.S. immigration policy.

For your information:

Why was Kilmar Abrego Garcia previously deported to El Salvador?
He was deported due to what DHS later described as an administrative error, despite a 2019 ruling that protected him from removal to El Salvador due to fear of gang violence.

What are third-country deportation agreements?
These are diplomatic arrangements that allow the U.S. to deport individuals to countries other than their own. Uganda recently entered into such an agreement, allowing the U.S. to send certain deportees there.

What charges does Abrego Garcia currently face?
He is awaiting trial on federal human smuggling charges in Tennessee, for which he has entered a not guilty plea.

Can the U.S. deport someone to a country they are not from?
Under international agreements and U.S. immigration policy, it is legally possible if the third country agrees to accept them. However, it often raises ethical and legal concerns.

How has the court responded to Abrego Garcia’s situation?
The judge has ruled that ICE must notify Abrego Garcia’s legal team 72 hours before any deportation but did not block the deportation altogether.