A Tuesday legal filing by the immigration attorneys representing Kilmar Abrego Garcia in the two lawsuits filed by the alleged human smuggler against the U.S. Department of Homeland Security (DHS) confirmed that Abrego Garcia will remain within the custody of Immigration and Customs Enforcement (ICE) as his latest claims are evaluated by District Court Judge Paula Xinis.
The confirmation came through a proposed schedule for legal filings submitted by Abrego Garcia’s attorneys for his new civil lawsuit. Though the filing highlighted a series of disagreements with the U.S. Department of Justice (DOJ) attorneys representing the Trump administration, it confirmed that both parties were in agreement on custody arrangements.
“Petitioner agrees with the Government that, to the extent he is detained by DHS while this case is pending, any detention should be within 200 miles of the Greenbelt, Maryland, courthouse,” where the case will be tried.
Xinis issued an oral order on Monday which mandated that Abrego Garcia must not be removed from the ICE deportation facility where he is currently being held in Virginia, and informed the Trump administration that it was “absolutely forbidden” from completing his deportation to Uganda.
She followed this with a letter order on Wednesday, expressly forbidding the Trump administration from moving Abrego Garcia more than 200 miles from the courthouse.
Though the lawsuit is based on habeas corpus claims, requiring the government to make its case for why Abrego Garcia should remain under its custody as ICE plans to deport him to Uganda, Xinis issued an oral order on Wednesday which clarified she does not intend to rule on his claims until sometime after an October 6 evidentiary hearing.
Xinis said she would issue a ruling within 30 days of that hearing, suggesting Abrego Garcia could remain at the Virginia ICE deportation center, where he was transferred following his arrest at the ICE Baltimore Field Office, until early November.
Abrego Garcia was detained by ICE on Monday after he was released from DOJ custody, subject to pretrial conditions, the previous Friday.
Abrego Garcia first entered DOJ custody in June, after U.S. Attorney General Pam Bondi unsealed the indictment accusing him of spending nearly a decade embroiled in a human trafficking scheme, and President Nayib Bukele of El Salvador agreed to return him to Tennessee.
The charges came after The Tennessee Star reported that Abrego Garcia was stopped by Tennessee Highway Patrol (THP) in 2022, and a spokesman told The Star that troopers were instructed to release him by the “Biden-era FBI.” DHS later released a document confirming troopers suspected human trafficking.
He responded to the federal human smuggling charges with a not guilty plea, and his trial is currently scheduled for January 2026.
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Tom Pappert is the lead reporter for The Tennessee Star, and also reports for The Pennsylvania Daily Star and The Arizona Sun Times. Follow Tom on X/Twitter. Email tips to [email protected].
Why do we keep hearing about this illegal immigrant punk. Who is interested?
It is appalling the energy, effort and money the left has invested in this Garcia case. They have said nothing about the victims, those murdered, raped and assaulted while trying to portray this criminal, and yes, he is a criminal, as some sort of martyr. This is nothing more than the left opposing anything from this administration. Get this criminal out of the country now! And to the left, you better get used to what has unfolded in the country, President Trump will be in office 3+ more years with a strong likelihood the next 8 will be under Republican party governance. I would not be surprised if the democrat party, as we know it, is gone.