Regulation

Decision on Asylum Case for Kilmar Abrego Garcia

A U.S. immigration judge has denied an asylum request from Kilmar Abrego Garcia. The decision is not final, as Garcia has 30 days to appeal to the Board of Immigration Appeals. If the appeal is unsuccessful, he may face deportation to Uganda.

Garcia, a Salvadoran national, has lived in Maryland for several years with his American wife and children. He entered the United States illegally as a teenager and was arrested by immigration agents in 2019. His asylum request was denied due to his extended stay in the U.S., but deportation to El Salvador was halted due to potential danger from a gang targeting his family.

Criminal Charges and Deportation Efforts

Following a Supreme Court ruling, Garcia was returned to the U.S. after being mistakenly deported to El Salvador. He now faces criminal charges related to a 2022 traffic stop in Tennessee for human smuggling. U.S. Immigration and Customs Enforcement is considering deporting him to a third country, initially proposing Uganda and then Eswatini.

Garcia’s legal team disputes the charges and deportation efforts, viewing them as punitive measures for his opposition to the administration’s policies. A reopened asylum case could lead to a green card and citizenship, but failure may result in deportation and loss of protection from being returned to El Salvador.

If deported, Garcia may be sent back to the Terrorism Confinement Centre in El Salvador, where he claims to have experienced severe mistreatment.

Public Campaign and Legal Proceedings

The Trump administration has actively campaigned against Garcia, labeling him as an MS-13 gang member without any criminal convictions. His lawyers have sought a gag order due to prejudicial statements impacting his right to a fair trial.

The authority of a federal judge in Tennessee to prevent such statements is uncertain, especially regarding the Department of Homeland Security, which commented on the case on social media.