u. s. immigration authority

Wrongfully deported to El Salvador once, Maryland man faces removal to Uganda

Kilmar Abrego Garcia, whose case has become a flash point in President Trump’s aggressive effort to remove noncitizens from the U.S., was detained by immigration authorities in Baltimore on Monday to face renewed efforts to deport him after a brief period of freedom.

Abrego Garcia’s attorneys quickly filed a lawsuit to fight his deportation until a court has heard his claim for protection, stating that the U.S. could place him in a country where “his safety cannot be assured.”

The lawsuit triggered a blanket court order that automatically pauses deportation efforts for two days. The order applies to immigrants in Maryland who are challenging their detention.

Within hours of Abrego Garcia’s detention, his lawyers spoke with Department of Justice attorneys and a federal judge in Maryland, who warned that Abrego Garcia cannot be removed from the U.S. “at this juncture” because he must be allowed to exercise his constitutional right to contest deportation.

U.S. District Judge Paula Xinis said that overlapping court orders temporarily prohibit the government from removing Abrego Garcia, and that she would extend her own temporary restraining order barring his deportation.

Drew Ensign, a Justice Department attorney, told the judge that he understands Abrego Garcia’s “removal is not imminent” and that the process often takes time.

Crowd yells ‘shame!’

Abrego Garcia, a 30-year-old Maryland construction worker and Salvadoran national, spoke at a rally before he turned himself in.

“This administration has hit us hard, but I want to tell you guys something: God is with us, and God will never leave us,” Abrego Garcia said, speaking through a interpreter. “God will bring justice to all the injustice we are suffering.”

About 200 people gathered, prayed and crowded around Abrego Garcia while he walked into the offices for U.S. Immigration and Customs Enforcement in Baltimore, where he was detained. When his lawyer and wife walked out without him, the crowd yelled, “Shame!”

Homeland Security Secretary Kristi Noem posted on X that Abrego Garcia was being processed for deportation. U.S. Atty. Gen. Pam Bondi told Trump during a meeting in the Oval Office that Abrego Garcia “will no longer terrorize our country.”

Brief reunion with family

Abrego Garcia lived in Maryland for years with his American wife and children and worked in construction. He was wrongfully deported in March to a notorious prison in his native El Salvador because the Trump administration believed he was a member of the MS-13 gang, an allegation that Abrego Garcia denies.

His removal violated an immigration judge’s 2019 ruling that shielded him from deportation to his native country because he had “well-founded fear” of threats by a gang there.

Abrego Garcia’s wife sued to bring him back. Facing a U.S. Supreme Court order, the Trump administration returned him in June. He was subsequently charged in Tennessee with human smuggling. He has pleaded not guilty and asked a judge to dismiss the case on ground of vindictive prosecution.

The allegations stem from a 2022 traffic stop in Tennessee for speeding. Abrego Garcia was driving with nine passengers in the car, and officers discussed among themselves their suspicions of smuggling. He was allowed to continue driving with a warning.

The Trump administration has said it wants to deport Abrego Garcia before his trial, alleging he is a danger to the community and an MS-13 gang member.

A federal judge in Tennessee determined that Abrego Garcia was not a flight risk or a danger. He was released from jail Friday afternoon and returned to his family in Maryland.

Video released by advocates of the reunion showed a room decorated with streamers, flowers and signs. He embraced loved ones and thanked them “for everything.”

What’s next?

Federal officials argue that Abrego Garcia can be deported because he came to the U.S. illegally and that the immigration judge’s 2019 ruling deemed him eligible for expulsion, just not to his native El Salvador.

Attorney Simon Sandoval-Moshenberg told reporters Monday that Abrego Garcia is being held in a detention facility in Virginia. His lawyers don’t know when he’ll have a reasonable-fear interview, where he can express fears of persecution or torture in the country the U.S. wants to send him. Officials have said it’s Uganda.

Abrego Garcia’s attorneys have raised concerns about human rights abuses in Uganda as well as his limited ability to speak English in a country where that’s the national language. But there are also unanswered questions about whether he could be imprisoned or sent on to El Salvador. A judge blocked the U.S. from sending Abrego Garcia back in 2019 because he faces credible threats from gangs there.

Uganda recently agreed to take deportees from the U.S., provided they do not have criminal records and are not unaccompanied minors.

“We don’t know whether Uganda will even let him walk around freely in Kampala or whether he’ll be inside of a Ugandan jail cell, much less whether they are going to let him stay,” the attorney said.

If immigration officials determine that Abrego Garcia lacks a reasonable fear of being sent to Uganda, he should be able to ask a U.S. immigration judge to review that decision, Sandoval-Moshenberg said. And if the immigration judge upholds the determination, Abrego Garcia should be able to bring it to the U.S. Court of Appeals.

Sandoval-Moshenberg said that’s the process when someone is slated for deportation to their native country. And he said it should be for third-country deportations as well.

“This is all so very new and unprecedented. … We will see what the government’s position on that is,” he said.

Abrego Garcia informed ICE over the weekend that Costa Rica was an acceptable country of removal because he had “received assurances from Costa Rica that they would give him refugee status, that he would be at liberty in that country, and that he will not be re-deported onto El Salvador,” his lawyer said.

“Costa Rica is not justice,” Sandoval-Moshenberg said. “It is an acceptably less-bad option.”

The notice to ICE about Costa Rica was separate from an offer made by federal prosecutors in Tennessee to send Abrego Garcia to the Central American nation in exchange for pleading guilty to human smuggling charges. Abrego Garcia declined the proposal.

Witte, Loller, Kunzelman and Finley write for the Associated Press.

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Wisconsin judge pleads not guilty to helping man evade immigration agents

A Wisconsin judge pleaded not guilty Thursday to charges of helping a man who is in the country illegally evade U.S. immigration authorities seeking to arrest him in her courthouse.

Milwaukee County Circuit Judge Hannah Dugan entered the plea during a brief arraignment in federal court. Magistrate Judge Stephen Dries scheduled a trial to begin July 21. Dugan’s lead attorney, Steven Biskupic, told the judge that he expects the trial to last a week.

Dugan, her lawyers and prosecutors left the hearing without speaking to reporters.

The accusations against Dugan

Dugan is charged with concealing an individual to prevent arrest and obstruction. Prosecutors say she escorted Eduardo Flores-Ruiz and his lawyer out of her courtroom through a back door on April 18 after learning that U.S. Immigration and Customs Enforcement agents were in the courthouse seeking to arrest him on suspicion of being in the country illegally. She could face up to six years in prison if convicted on both counts.

Her attorneys say she’s innocent. They filed a motion Wednesday to dismiss the case, saying she was acting in her official capacity as a judge and therefore is immune to prosecution. They also maintain that the federal government violated Wisconsin’s sovereignty by disrupting a state courtroom and prosecuting a state judge.

A public backlash

Dugan’s arrest has inflamed tensions between the Trump administration and Democrats over the president’s sweeping immigration crackdown.

Dozens of demonstrators gathered outside the courthouse ahead of Thursday’s hearing, with some holding signs that read, “Only Fascists Arrest Judges — Drop the Charges,” “Department of Justice Over-Reach” and “Keep Your Hands Off Our Judges!!” The crowd chanted “Due process rights,” “Hands off our freedom,” and “Sí se puede” — Spanish for “Yes, we can” — which is a rallying cry for immigrant rights advocates.

One man stood alone across the street holding a Trump flag.

Nancy Camden, from suburban Mequon north of Milwaukee, was among the protesters calling for the case to be dismissed. She said she believes ICE shouldn’t have tried to arrest Flores-Ruiz inside the courthouse and the Department of Justice “overreached” in charging Dugan.

“How they handled this and made a big show of arresting her and putting her in handcuffs, all of that was intimidation,” Camden said. “And I’m not going to be intimidated. I’m fighting back.”

Esther Cabrera, an organizer with the Milwaukee Alliance Against Racist and Political Repression, said the charges against Dugan amount to “state-funded repression.”

“If we are going to go after judges, if we’re going to go after mayors, we have to understand that they can come after anybody,” she said. “And that’s kind of why we wanted to make a presence out here today, is to say that you can’t come after everyone and it stops here.”

The case background

According to court documents, Flores-Ruiz illegally reentered the U.S. after being deported in 2013. Online court records show he was charged with three counts of misdemeanor domestic abuse in Milwaukee County in March, and he was in Dugan’s courtroom on April 18 for a hearing in that case.

According to an FBI affidavit, Dugan was alerted to the agents’ presence by her clerk, who was informed by an attorney that the agents appeared to be in the hallway. Dugan was visibly angry and called the situation “absurd” before leaving the bench and retreating to her chambers, the affidavit contends. She and another judge later approached members of the arrest team in the courthouse with what witnesses described as a “confrontational, angry demeanor.”

After a back-and-forth with the agents over the warrant for Flores-Ruiz, Dugan demanded they speak with the chief judge and led them from the courtroom, according to the affidavit.

After she returned to the courtroom, witnesses heard her say something to the effect of “wait, come with me” before ushering Flores-Ruiz and his attorney out through a door typically used only by deputies, jurors, court staff and in-custody defendants, the affidavit alleges. Flores-Ruiz was free on a signature bond in the abuse case, according to online state court records. Federal agents ultimately detained him outside the courthouse after a foot chase.

The state Supreme Court suspended Dugan last week, saying the move was necessary to preserve public confidence in the judiciary. She was freed after her arrest.

How the case might play out

John Vaudreuil, a former federal prosecutor in Wisconsin who isn’t involved in Dugan’s or Flores-Ruiz’s cases, said the Trump administration seems to want to make an example out of Dugan. U.S. Atty. Gen. Pam Bondi or Deputy Atty. Gen. Todd Blanche, rather than the U.S. attorney in Milwaukee, are likely making the decisions on how to proceed, making it less likely prosecutors will reduce the charges against Dugan in a deal, he said.

Her attorneys will likely try to push for a jury trial, Vaudreuil predicted, because they know that “people feel very strongly about the way the president and administration is conducting immigration policy.”

Dugan is represented by some of Wisconsin’s most accomplished lawyers. Biskupic was a federal prosecutor for 20 years and served seven years as U.S. attorney in Milwaukee. Paul Clement, meanwhile, is a former U.S. solicitor general who has argued more than 100 cases in front of the U.S. Supreme Court. Both were appointed to jobs by former Republican President George W. Bush.

Richmond writes for the Associated Press. AP reporters Scott Bauer in Madison, Wis., and Laura Bargfeld contributed to this report.

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Wisconsin judge Hannah Dugan is indicted on accusations she helped a man evade immigration agents

A federal grand jury indicted a Wisconsin judge Tuesday on charges she helped a man in the country illegally evade U.S. immigration authorities looking to arrest him as he appeared before her in a local domestic abuse case.

Milwaukee County Circuit Judge Hannah Dugan’s arrest and ensuing indictment has escalated a clash between President Trump’s administration and local authorities over the Republican’s sweeping immigration crackdown. Democrats have accused the Trump administration of trying to make a national example of Dugan to chill judicial opposition to the crackdown.

Prosecutors charged Dugan in April via complaint with concealing an individual to prevent arrest and obstruction. In the federal criminal justice system, prosecutors can initiate charges against a defendant directly by filing a complaint or present evidence to a grand jury and let that body decide whether to issue charges.

A grand jury still reviews charges brought by complaint to determine whether enough probable cause exists to continue the case as a check on prosecutors’ power. If the grand jury determines there’s probable cause, it issues a written statement of the charges known as an indictment. That’s what happened in Dugan’s case.

Dugan faces up to six years in prison if she’s convicted on both counts. Her team of defense attorneys responded to the indictment with a one-sentence statement saying that she maintains her innocence and looks forward to being vindicated in court. She was scheduled to enter a plea on Thursday.

Kenneth Gales, a spokesperson for the U.S. attorney’s office in Milwaukee, declined to comment on the indictment Tuesday evening.

Dugan’s case is similar to one brought during the first Trump administration against a Massachusetts judge, who was accused of helping a man sneak out a courthouse back door to evade a waiting immigration enforcement agent. That case was eventually dismissed.

Prosecutors say Dugan escorted Eduardo Flores-Ruiz and his lawyer out of her courtroom through a back jury door on April 18 after learning that U.S. Immigration and Customs Enforcement agents were in the courthouse seeking his arrest.

According to court documents, Flores-Ruiz illegally reentered the U.S. after being deported in 2013. Online state court records show he was charged with three counts of misdemeanor domestic abuse in Milwaukee County in March. He was in Dugan’s courtroom that morning of April 18 for a hearing.

Court documents suggest Dugan was alerted to the agents’ presence by her clerk, who was informed by an attorney that the agents appeared to be in the hallway. An affidavit says Dugan was visibly angry over the agents’ arrival and called the situation “absurd” before leaving the bench and retreating to her chambers. She and another judge later approached members of the arrest team in the courthouse with what witnesses described as a “confrontational, angry demeanor.”

After a back-and-forth with the agents over the warrant for Flores-Ruiz, Dugan demanded they speak with the chief judge and led them away from the courtroom, according to the affidavit.

She then returned to the courtroom and was heard saying words to the effect of “wait, come with me” and ushered Flores-Ruiz and his attorney out through a back jury door typically used only by deputies, jurors, court staff and in-custody defendants, according to the affidavit. Flores-Ruiz was free on a signature bond in the abuse case at the time, according to online state court records.

Federal agents ultimately captured him outside the courthouse after a foot chase.

The state Supreme Court suspended Dugan from the bench in late April, saying the move was necessary to preserve public confidence in the judiciary. A reserve judge is filling in for her.

Richmond writes for the Associated Press.

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