(NewsNation) — Kilmar Abrego Garcia was taken into custody Monday by Immigration, Customs and Enforcement in Baltimore when he appeared for a check-in with officials, his attorney said.
Abrego Garcia, the Maryland man who was mistakenly deported to a high-security prison in El Salvador in March, filed a new lawsuit in the state’s federal district court shortly after he was detained.
Attorney Simon-Sandoval Moshenberg said the habeas petition will challenge “his current confinement and challenging deportation to Uganda or to any other country unless and until he’s had a fair trial.”
President Donald Trump during an executive order signing said his administration has Abrego Garcia “under control.” Department of Homeland Security Secretary Kristi Noem saying ICE was “processing him for deportation” as of Monday.
The judge presiding over Abrego Garcia’s deportation has scheduled a conference call for Monday afternoon regarding his most recent filing.
ICE has given Abrego Garcia his 72 hours notice before deporting him — meaning his window ends Wednesday at 4 p.m.
Costa Rica shared ‘willingness’ to receive Kilmar Abrego Garcia
Abrego Garcia last week rejected the Trump administration’s offer to be sent to Costa Rica in exchange for remaining in jail and pleading guilty to human smuggling charges, his attorneys previously said.
A Thursday letter from the U.S. Embassy in Costa Rica “expressed its willingness to accept the transfer” of Abrego Garcia from the U.S., adding that it intended to “provide refugee status or residency” for him upon arrival.
The Costa Rican government “will not remove Mr. Abrego Garcia to any third country, including Mr. Abrego Garcia’s home country, without Mr. Abrego Garcia’s consent,” according to the letter.
Skipping the administration’s deal could instead have Abrego Garcia deported to Uganda — a country he has no connections to — “no earlier than 72 hours from now (absent weekends),” according to his lawyers.
Abrego Garcia in a Saturday filing said he fears persecution, torture or further deportation to El Salvador if he were sent to Uganda. That same day, he designated Costa Rica his preferred country of deportation.
In 2019, a U.S. immigration judge had barred Abrego Garcia from being deported back to his native El Salvador because he likely faced persecution there by local gangs who had terrorized him and his family.
Kilmar Abrego Garcia says ‘love will trump’ ahead of ICE check-in
Abrego Garcia told a crowd of supporters that “love will trump,” minutes before he was due to report to the officials.
“In my ICE check-in, promise me this: Promise me that you will continue to pray, continue to fight, resist and love — not just for me but for everybody, continue to demand freedom,” he told the crowd.
What is Kilmar Abrego Garcia accused of?
On Friday, a U.S. federal judge ordered Abrego Garcia’s release from a Tennessee jail, where he had been held since being returned to the U.S. in June, following his mistaken deportation to El Salvador’s notorious CECOT prison in March.
After initially accusing him of being a gang member, the Trump administration called Abrego Garcia’s deportation an “administrative error” in April. Top officials have since walked back those comments.
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This courtroom sketch depicts Kilmar Abrego Garcia sitting in court during his detention hearing on June 25, 2025, in Nashville, Tenn. (Diego Fishburn via AP) -
Supporters of Kilmar Abrego Garcia rally outside the U.S. District Court in Greenbelt, Md., where a hearing was scheduled to be held on returning him to Maryland on July 7, 2025. (AP Photo/Mark Schiefelbein) -
Kilmar Abrego Garcia, third from right, leaves the Putnam County Jail on Aug. 22, 2025, in Cookeville, Tenn. (AP Photo/Brett Carlsen) -
This undated photo provided by Murray Osorio PLLC shows Kilmar Abrego Garcia. (Murray Osorio PLLC via AP) -
Jennifer Vasquez Sura, the wife of Kilmar Abrego Garcia of Maryland, who was mistakenly deported to El Salvador, speaks during a news conference at CASA’s Multicultural Center in Hyattsville, Md., on April 4, 2025. (AP Photo/Jose Luis Magana)
Noem released a statement Friday in part saying: “Today, we reached a new low with this publicity hungry Maryland judge mandating this illegal alien who is a MS-13 gang member, human trafficker, serial domestic abuser, and child predator be allowed free.”
The courts have found there is insufficient evidence to tie Abrego Garcia to the gang and have determined he is neither a danger to the community nor a flight risk.
NewsNation’s Jordan Perkins and Steph Whiteside contributed to this report.
