The Trump administration can't immediately deport Kilmar Abrego Garcia after a federal judge questioned whether the Maryland resident has been afforded sufficient due process.
Why it matters: Abrego Garcia is being held in a Virginia jail after he was arrested by immigration agents in Baltimore on Monday. The administration announced plans to immediately deport him to Uganda.
What she's saying: District Judge Paula Xinis said it was important that Abrego Garcia not be moved because he "has had to make important decisions regarding his constitutional rights — exercising them, refraining from exercising them."
- "Close assistance of counsel is critical, so I do find that there is a sufficient basis to order that he not be moved from the current detention facility and that you let me know in the morning where your clients stand on that, what your position is, and I'll take it from there," Xinis said.
- An attorney for the Trump administration initially said he did not have authorization to assure that Abergo Garcia wouldn't be moved but conceded that he'd consult with the administration as Xinis pronounced her order.
Catch up quick: In March, Abrego Garcia was mistakenly deported to El Salvador, where he said he experienced torture.
- After he was returned to the U.S. in June, he was charged with smuggling
- smuggling undocumented immigrants.
- Abrego Garcia was released from prison in Tennessee on Friday pending trial.
- She said expected Abrego Garcia to succeed in his argument that he doesn't have protection against deprivation of freedom or liberty.
- "The government can certainly right the ship by showing me how it is that Uganda has made such representation that Mr. Abrego's freedom won't be curtailed, that he will not be subject or torture or constitution, or that he would otherwise not be refouled to El Salvador," she said.
Threat level: Uganda has not indicated what protection it would offer to Abrego Garcia, Xinis said.

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