A US immigration judge has denied a bid for asylum from Kilmar Abrego Garcia, a Salvadoran national who has been at the center of a partisan power struggle over immigration policy. The judge in Baltimore rejected an application to reopen Abrego Garcia’s 2019 asylum case, but the decision is not final, as he has 30 days to appeal to the Board of Immigration Appeals.
Abrego Garcia, who has an American wife and children and has lived in Maryland for years, immigrated to the United States illegally as a teenager. In 2019, he was arrested by immigration agents and requested asylum, but was not eligible due to his lengthy stay in the US. However, a judge ruled that he could not be deported to El Salvador, where he faced danger from a gang that targeted his family.
The case took a dramatic turn when Abrego Garcia was mistakenly deported to El Salvador by the Trump administration in March, only to be returned to the US in June after a Supreme Court ruling. He now faces criminal charges in Tennessee, based on a 2022 traffic stop, and US Immigration and Customs Enforcement is seeking to deport him to a third country, with Uganda being the proposed destination.
Abrego Garcia’s attorneys have denounced the criminal charges and deportation efforts, arguing that they are an attempt to punish him for standing up to the administration. The request to reopen his asylum case is a calculated risk, as approval could provide him with a green card and a path to citizenship, but rejection could lead to his removal from the US and potentially back to the infamous Terrorism Confinement Centre in El Salvador, where he alleges he suffered severe beatings, sleep deprivation, and psychological torture.
The Trump administration has waged a public relations campaign against Abrego Garcia, repeatedly referring to him as a member of the MS-13 gang, despite lack of conviction. His lawyers have filed motions requesting a gag order, citing “highly prejudicial, inflammatory, and false statements” made about him, which they argue will hinder his ability to receive a fair trial.
The federal judge in Tennessee may order prosecutors to refrain from making prejudicial statements about Abrego Garcia, but it remains unclear whether this authority extends to the Department of Homeland Security. The case highlights the complexities and challenges of the US immigration system, as well as the ongoing debate over immigration policy. With the 30-day appeal window open, Abrego Garcia’s fate remains uncertain, and the outcome of his case will likely have significant implications for his family and the broader immigration landscape.