A U.S. immigration judge in Baltimore has rejected an asylum bid from Kilmar Abrego Garcia, a Salvadoran national whose case has become a flashpoint in the nation’s ongoing immigration fight.
On Wednesday, the judge denied Abrego Garcia’s application to reopen his 2019 asylum case, though he has 30 days to appeal the decision to the Board of Immigration Appeals. Abrego Garcia entered the United States illegally as a teenager and has lived in Maryland for years with his American wife and children.
His asylum request was originally denied in 2019 because he had been in the country more than a year before filing. However, the court at that time also ruled he could not be deported to El Salvador due to gang threats against his family. Despite that ruling, the Trump administration mistakenly deported him in March 2019. He was imprisoned in El Salvador before being returned to the U.S. in June following a Supreme Court intervention.
Upon his return, Abrego Garcia was charged with human smuggling tied to a 2022 traffic stop in Tennessee. He now faces both criminal proceedings and deportation attempts. Immigration and Customs Enforcement has proposed sending him to third countries, including Uganda and later Eswatini, drawing criticism from his attorneys, who argue the government is targeting him for political reasons.
Abrego Garcia’s case has sparked partisan debate. Trump administration officials labeled him an MS-13 gang member, despite the absence of criminal convictions. His legal team has filed motions for a gag order, alleging prejudicial and false statements by federal officials could deny him a fair trial.
If he loses his appeal, Abrego Garcia could face deportation and potential return to El Salvador’s CECOT prison, where he claims to have endured torture. Salvadoran President Nayib Bukele has denied those allegations.
The Department of Homeland Security underscored its stance Wednesday, stating online: “This Salvadoran man is not going to be able to remain in our country.”
