The Abrego Garcia deportation case returns to a federal courtroom in Maryland on Tuesday, October 6, 2026, as the government keeps trying to remove a Salvadoran man who was mistakenly sent to a Salvadoran prison last year. Kilmar Abrego Garcia, 31, has fought for about 18 months to stay in the country, according to the Associated Press.
Summary
The government wants U.S. District Judge Paula Xinis to lift an order that blocks his detention and removal to Liberia. His lawyers want the order made permanent and say Costa Rica is the country he chose.
Where the Abrego Garcia deportation case stands
The hearing centers on a preliminary injunction issued by Judge Xinis. It keeps U.S. Immigration and Customs Enforcement from detaining Abrego Garcia and deporting him to Liberia, a West African country. The government is asking the court to vacate that order, while his legal team is asking for a permanent one, the AP reported.
The judge left earlier orders in place last December and ordered his release from custody. Since then, he has lived with the uncertainty of a possible second deportation.
How the dispute began
Abrego Garcia has an American wife and child and has lived in Maryland for years. He entered the United States illegally as a teenager. In 2019, an immigration judge ruled he could not be sent to El Salvador because a gang there had threatened his family, the AP said.
Immigration agents arrested him in Baltimore in March 2025. Court papers say it happened after he picked up his then-5-year-old son, who has autism and other disabilities, from his grandmother’s home. He was then deported to CECOT, a large Salvadoran prison. Government officials later admitted in court filings that the removal was an administrative error.
The Trump administration had said he belonged to the gang MS-13. ABC News reported that he denies it.
A return, an indictment and a dismissal
After a court order and public pressure, the government brought him back in June 2025. It first secured an indictment in Tennessee charging him with human smuggling. Judge Xinis later released him from ICE custody while that case moved forward.
In May 2026, a federal judge dismissed the indictment. According to Reason’s reporting, Judge Waverly D. Crenshaw Jr. found that prosecutors reopened the investigation because courts required the government to help bring him home. The AP reports the judge concluded the charges were meant to punish him for challenging his deportation. The government is appealing.
The fight over Liberia and Costa Rica
The central question now is where he could be sent. Government officials have named several African countries over time, including Eswatini, Liberia and Uganda, ABC News reported. Ghana’s foreign minister said publicly that his country would not accept him, according to Reason.
Abrego Garcia’s lawyers say Costa Rica is the country he chose. Reason reported that Costa Rica agreed to take him in August 2025, and officials there told ABC News they would offer refugee status and possible residency.
Todd Lyons, the former acting ICE director, wrote in a March 2026 memo that sending him to Costa Rica would harm U.S. interests. He cited the effort the United States had put into negotiating with Liberia to accept third-country nationals. The AP noted the push for Liberia continued even after the U.S. signed an agreement with Costa Rica to take deportees who cannot lawfully go home.
Even in 2025, a Justice Department lawyer told a Maryland court that removal to a third country was likely the path forward, Maryland Matters reported, though the lawyer could not name the country at that time.
What his lawyers and supporters argue
In a July court filing, his attorneys argued that insisting on removal to an African country, where he has no ties and says he fears persecution or torture, is a punishment for using his legal rights. They said Costa Rica should be honored as his chosen destination.
Jossie Flor Sapunar of the advocacy group We Are CASA said the government continues to punish him and called him a symbol of due process. She said the family deserves privacy, whether in Maryland or in Costa Rica. Those are the views of supporters, and the government has its own legal positions on the case.
What to watch next
Judge Xinis could rule from the bench or take the matter under review. Her decision would determine whether the Liberia order stays in place. Separately, an appeals court will weigh the government’s challenge to the dismissed smuggling case. Readers can follow the AP timeline of the case for updates.
Frequently Asked Questions
1Why is Abrego Garcia in court on October 6?
The government is asking Judge Xinis to lift an injunction that bars his detention and deportation to Liberia, while his lawyers want it made permanent.
2Why was he deported to El Salvador in 2025?
Officials later called it an administrative error, since a 2019 ruling barred his removal there. The administration said he was a gang member, which he denies.
3What happened to the human smuggling charges?
A federal judge dismissed the indictment in May 2026, finding it was vindictive. The government is appealing that decision.
4Where does Abrego Garcia want to go if deported?
His lawyers say Costa Rica, which previously agreed to accept him and, per ABC News, would offer refugee status and possible residency.
5Which countries has the government named for removal?
Officials have named Eswatini, Liberia and Uganda over time. The current dispute is focused on Liberia.
