Potential Deportation of Kilmar Abrego Garcia
The Trump administration is reportedly arranging for the deportation of Kilmar Abrego Garcia, an undocumented Salvadoran, to Eswatini in Africa. This information was communicated by an official from the Immigration and Customs Enforcement (ICE) office to Garcia’s lawyer on Friday. The official dismissed Garcia’s claims of fearing persecution in Uganda as “hard to take seriously,” noting that he has expressed fears related to at least 22 different countries.
The countries listed include El Salvador, Mexico, and several Central American nations such as Guatemala and Honduras. Responding to this, Garcia’s attorney alerted ICE via email, indicating that Garcia fears torture and persecution if sent back to Eswatini.
“All individuals previously removed from the US to Eswatini have faced extremely harsh conditions. The country has a notorious history of human rights abuses,” the lawyer stated. “[And] It is not clear whether Eswatini can ensure that Garcia won’t be sent back to El Salvador, where he previously suffered.”
This communication follows a court filing by the Trump administration on Thursday. According to ABC News, if the judge accepts the request from Garcia’s lawyer to reopen his immigration case, the administration might push to deport him back to El Salvador again.
Garcia faced deportation previously in March when he was sent back to El Salvador and placed in the notorious Cecot Mega Prison. The Trump administration has repeatedly claimed that he is involved with the MS-13 gang, an assertion that his family and lawyers deny, even as government sources cite evidence, including visible tattoos.
In June, Garcia returned to the United States to address criminal trafficking charges in Tennessee. After being released to his brother in Maryland, he was again taken into custody by immigration authorities, who now aim to deport him once more.
Recently, a federal judge halted Garcia’s deportation until at least early October. Currently, he is being held at a detention facility in Farmville, Virginia. The recent court filing with Baltimore Immigration Court follows an attempt by his attorney to reopen his case to seek asylum.
“If the immigration court allows the reopening of the case, the DHS will work to deport him to El Salvador, as the previous postponement of his removal is no longer applicable,” the government’s submission indicated.
The federal government asserts that if the lawsuit progresses, Garcia will need to prove his eligibility for any kind of protection from El Salvador.
On Thursday, the Trump administration defended Garcia’s imprisonment at the Secott Prison, suggesting the conditions were legal and not designed to inflict suffering specifically.
“Even if we assume that his imprisonment might rise to the level of torture, previous torture does not determine the likelihood of future torture,” the government added.
The administration also downplayed concerns regarding targeted violence from gangs in El Salvador, claiming Garcia’s treatment following the last deportation in March “doesn’t represent the eventual treatment” he would receive.
Many people question why Garcia faces risks related to gang affiliations if he isn’t a confirmed gang member himself. Legal filings assert he was reclassified as a civilian after he was processed at Cecot.
The Trump administration’s argument suggests that Garcia’s asylum request should not be favored because “the situation in El Salvador has changed significantly.” His attorney recently filed an emergency motion asserting that he was deported and re-entered the United States, which could make him eligible to apply for asylum within a year of his most recent entry.
Still, the administration categorizes Garcia as a member of MS-13, which complicates his asylum eligibility due to the group’s designation as a foreign terrorist organization.
“He has engaged in various criminal activities since his time in the United States. He is a recognized member of MS-13 and poses a threat,” the officials concluded.
