The Trump administration is contesting Kilmar Abrego Garcia’s attempt to request asylum in the U.S., asserting his ineligibility due to alleged ties with the MS-13 gang.
On Friday, the Department of Homeland Security made public immigration court documents stating their reasons for opposing Abrego Garcia’s asylum application and potential approval.
The core of their argument is that Abrego Garcia is part of MS-13, labeled as a foreign terrorist group—a claim Abrego Garcia refutes and for which he hasn’t been formally accused.
At 30 years old, Abrego Garcia drew significant attention to President Donald Trump’s immigration policies following his wrongful deportation to El Salvador in March. He was subsequently returned to the U.S. in June, where he faced federal human smuggling charges in Tennessee, which his lawyers have dismissed as absurd and retaliatory. He has entered a plea of not guilty.
Last month, Abrego Garcia submitted a petition to reopen his 2019 immigration case in Baltimore, seeking to apply for asylum once more. His initial request was rejected as it was filed over a year after his arrival in the U.S.
Abrego Garcia initially left El Salvador in 2011, escaping gang violence threats, to live with his brother in Maryland. Although his first asylum plea was turned down, he was granted protection from deportation to El Salvador after proving a genuine fear of gang violence there.
Abrego Garcia was released in 2019 under federal supervision and continued to live with his American wife and children. He checked in with ICE each year, received a federal work permit and was working as a sheet metal apprentice earlier this year, his lawyers have said.
Immigration experts have said that Abrego Garcia’s new asylum application could lead to a green card and a path to citizenship. But by reopening his 2019 case, he also risks being sent back to El Salvador.
The Trump administration stated in court documents this week that it would pursue returning him to his native country if he successfully reopens his previous immigration case.
“Kilmar Abrego Garcia’s lawyers are playing with fire,” the Department of Homeland Security said in a statement on Friday. It added: “As a member of a designated foreign terrorist organization, MS-13, he is no longer eligible for his previous immigration relief.”
Abrego Garcia and his attorneys have repeatedly denied the MS-13 allegation. It stems from a day in 2019 when he was detained by local police in Prince George’s County, Maryland.
Abrego Garcia had arrived outside a Home Depot in search of work as a day laborer, according to court documents. Authorities had been told by a confidential informant that Abrego Garcia and other men outside the store could be identified as members of MS-13 because of their clothing and tattoos.
Abrego Garcia was never charged. He was turned over to U.S. Immigration and Customs Enforcement and subsequently applied for asylum and ultimately received protection from being deported to El Salvador.
In February, the Trump administration designated MS-13 to be a foreign terrorist organization and wrongfully deported Abrego Garcia to a notorious El Salvador prison, where he claims he was beaten and psychologically tortured. El Salvador’s president, Nayib Bukele, has denied those allegations.
Simon Sandoval-Moshenberg, Abrego Garcia’s lead immigration attorney, said in a statement Friday that Abrego Garcia would likely get asylum if he gets a fair trial.
“The only reason he was denied asylum in 2019 was because he did not file within one year of entering the United States, a problem which the government has now solved,” Sandoval-Moshenberg said. “If Mr. Abrego Garcia is allowed a fair trial in immigration court, there’s no way he’s not going to prevail on his claim for asylum.”
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