A federal immigration judge has rejected a plea from El Salvador’s Kilmer Abrego Garcia’s lawyers to reopen his immigration case, reaffirming an order for his expulsion.
According to ABC News, Abrego Garcia’s attorney mentioned in an emergency motion that he had been expelled to El Salvador but returned shortly afterward. They argued that he had the right to seek asylum within a year of entering the U.S.
However, Judge Philip Taylor determined that Abrego Garcia’s original asylum claim was filed almost six years after the first immigration hearing.
He further stated that there was no evidence suggesting Abrego Garcia’s safety would be compromised if he returned to El Salvador.
Abrego Garcia’s legal team also contested the government’s notice regarding potential deportation to Uganda, Eswatini, or other nations. Judge Taylor found there to be “insufficient evidence” supporting that this was a definite plan, despite a warning from federal officials about the possibility of his expulsion to certain African countries.
The judge remarked, “The word ‘may’ is somewhat generous and indicates that the department was merely reserving the option to send him to Uganda,” adding that it wasn’t a definite intention.
The Department of Homeland Security (DHS) has confirmed via a message on X that Abrego Garcia’s final deportation order stands.
“Kilmer Abrego Garcia’s removal remains as per today’s decision,” the post states.
It goes on to label him as an MS-13 gang member, human trafficker, domestic abuser, and child predator, asserting that he won’t be allowed to remain in the U.S.
The message also criticized several Democratic lawmakers who have used Garcia’s case for political gain.
“Don’t forget that some Democrats traveled abroad at taxpayer expense, mingled with gang members, and even visited him in prison. We’ll prioritize American safety while they advocate for foreign criminals,” the post concluded.
Abrego Garcia gained public attention following his arrest by ICE in March, where he was dubbed the “Maryland Man.” Despite living in the U.S. unlawfully since 2011 and being identified as an MS-13 gang member, he reportedly lacks proficiency in English. He was deported back to El Salvador, but a Supreme Court ruling in April led to his return to the U.S.
A Maryland Democrat made headlines for visiting him in El Salvador, where he was seen enjoying a meal with Abrego Garcia while defending undocumented immigrants.
Although he returned to the U.S., he faced an ultimate deportation order that his lawyers challenged.
During the proceedings, the Trump administration expressed its intent to deport Abrego Garcia. In August, Tom Homan, a former official from Trump’s administration, pledged that Abrego Garcia would indeed be “deported.”
Homan labeled Abrego Garcia as a threat to public safety, emphasizing that he is a gang member linked to various crimes. “He has been judged by two federal courts,” he mentioned. “He’s involved in trafficking and smuggling. We stand firm on his deportation—I’m serious about this,” he stated.
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