Kilmer Abrego Garcia, a man from Maryland, faced a setback when an immigration judge denied his asylum request on Wednesday after he was mistakenly deported to a prison in El Salvador.
Reports indicate that Abrego Garcia asked the immigration court to reopen his asylum petition from 2019 after the judge’s decision. He has 30 days to appeal this ruling to the Immigration Appeal Committee, a part of the Department of Justice.
As he awaits criminal charges in Tennessee linked to a traffic stop from 2022, deportation could soon be a reality for him.
Abrego Garcia initially filed for asylum in 2019; at that time, his request was denied, but he was protected from deportation to El Salvador due to threats posed by gangs against his family. Instead, he received what is called withholding of removal.
He spent over two months in a notorious Salvadoran prison, and after his return, he faced federal charges of human smuggling.
The Justice Department did propose a plea deal, suggesting he could later “live freely” in Costa Rica after serving time in federal prison, but he turned it down. Following that, he was instructed to check in with the Baltimore Immigration and Customs Enforcement (ICE) office, with plans from the Department of Homeland Security (DHS) to deport him to Uganda.
There are also reports that he may be deported to Eswatini, a small country in South Africa.
Court documents state that Abrego Garcia’s lawyers argue he wouldn’t receive a fair trial due to “very biased, inflammatory, and false statements” made by government officials.
The DHS has also alleged ties between Abrego Garcia and the MS-13 gang, citing concerns about “traffickers, domestic abusers, and child predators” compromising safety on American streets.
A review indicated that claims linking him to gangs largely stem from a single confidential source. However, documents unveiled by a DOJ whistleblower suggest ongoing discussions among immigration officials about how to connect Abrego Garcia to gang activity.
Attorney General Pam Bondi has put forth similar claims despite repeated rejections regarding his alleged gang affiliations.
