abrego garcia

BALTIMORE — The U.S. government plans to deport Kilmar Abrego Garcia to Liberia and could do so as early as Oct. 31, according to a Friday court filing.

The Salvadoran national’s case has become a magnet for opposition to President Trump’s immigration crackdown since he was mistakenly deported to El Salvador, in violation of a settlement agreement.

He was returned to the U.S. in June after the U.S. Supreme Court said the administration had to work to bring him back. Since he cannot be re-deported to El Salvador, the U.S. government has been seeking to deport him to various African countries.

A federal judge in Maryland had previously barred his immediate deportation. Abrego Garcia’s lawsuit there claims the Trump administration is illegally using the deportation process to punish him for its embarrassment over his mistaken deportation.

A Friday court filing from the Department of Homeland Security says that “Liberia is a thriving democracy and one of the United States’s closest partners on the African continent.” Its national language is English, its constitution “provides robust protections for human rights,” and Liberia is “committed to the humane treatment of refugees,” the filing asserts. It concludes that Abrego Garcia could be deported as soon as Friday.

The court filing assessment is in contrast to a U.S. State Department report last year that detailed a human rights record in Liberia including extrajudicial killings, torture and serious restrictions on press freedom.

“After failed attempts with Uganda, Eswatini, and Ghana, ICE now seeks to deport our client, Kilmar Abrego Garcia, to Liberia, a country with which he has no connection, thousands of miles from his family and home in Maryland,” a statement from attorney Simon Sandoval-Moshenberg reads. “Costa Rica stands ready to accept him as a refugee, a viable and lawful option. Yet the government has chosen a course calculated to inflict maximum hardship. These actions are punitive, cruel, and unconstitutional.”

Abrego Garcia has an American wife and child and has lived in Maryland for years. He immigrated to the U.S. illegally as a teenager, but in 2019 an immigration judge granted him protection from being deported back to El Salvador, where he faces a “well-founded fear” of violence from a gang that targeted his family, according to court filings. In a separate action in immigration court, Abrego Garcia has applied for asylum in the United States.

Additionally, Abrego Garcia is facing criminal charges in federal court in Tennessee, where he has pleaded not guilty to human smuggling. He has filed a motion to dismiss the charges, claiming the prosecution is vindictive.

HARRISBURG, Pa. — A federal judge has concluded that the Department of Justice’s prosecution of Kilmar Abrego Garcia on human smuggling charges may be an illegal retaliation after he successfully sued the Trump administration over his deportation to El Salvador.

The case of Abrego Garcia, a Salvadoran national who was a construction worker living legally in Maryland when he was wrongly deported to his home country, has become a proxy for the partisan struggle over President Trump’s sweeping immigration crackdown and mass deportation agenda.

U.S. District Judge Waverly Crenshaw late Friday granted a request by lawyers for Abrego Garcia and ordered discovery and an evidentiary hearing in Abrego Garcia’s effort to show that the federal human smuggling case against him in Tennessee is illegally retaliatory.

Crenshaw said Abrego Garcia had shown that there is “some evidence that the prosecution against him may be vindictive.” That evidence included statements by various Trump administration officials and the timeline of the charges being filed.

The departments of Justice and Homeland Security did not immediately respond to inquiries about the case Saturday.

In his 16-page ruling, Crenshaw said many statements by administration officials “raise cause for concern,” but one stood out.

That statement by Deputy Atty. Gen. Todd Blanche, on a Fox News program after Abrego Garcia was charged in June, seemed to suggest that the Department of Justice charged Abrego Garcia because he won his wrongful-deportation case, Crenshaw wrote.

Blanche’s ”remarkable statements could directly establish that the motivations for Abrego’s criminal charges stem from his exercise of his constitutional and statutory rights” to sue over his deportation “rather than a genuine desire to prosecute him for alleged criminal misconduct,” Crenshaw wrote.

Likewise, Crenshaw noted that the Department of Homeland Security reopened an investigation into Abrego Garcia days after the Supreme Court said in April that the Trump administration must work to bring back Abrego Garcia.

Abrego Garcia was indicted May 21 and charged June 6, the day the U.S. brought him back from a prison in El Salvador. He pleaded not guilty and is now being held in Pennsylvania.

If convicted in the Tennessee case, Abrego Garcia will be deported, federal officials have said. A U.S. immigration judge has denied Abrego Garcia’s bid for asylum, although he can appeal.

Abrego Garcia has an American wife and children and has lived in Maryland for years, but he immigrated to the United States illegally as a teenager.

In 2019, he was arrested by immigration agents. He requested asylum but was not eligible because he had been in the U.S. for more than a year. But the judge ruled he could not be deported to El Salvador, where he faced danger from a gang that targeted his family.

The human smuggling charges in Tennessee stem from a 2022 traffic stop. He was not charged at the time.

Trump administration officials have waged a relentless public relations campaign against Abrego Garcia, repeatedly referring to him as a member of the MS-13 gang, among other things, despite the fact he has not been convicted of any crimes. The government has provided no clear evidence of gang affiliation, and Abrego Garcia denies the allegation.

Abrego Garcia’s attorneys have denounced the criminal charges and the deportation efforts, saying they are an attempt to punish him for standing up to the administration.

Abrego Garcia contends that, while imprisoned in El Salvador — in a notorious lockup with a documented history of human rights abuses — he suffered beatings, sleep deprivation and psychological torture. Salvadoran President Nayib Bukele has denied those allegations.

Levy writes for the Associated Press.

Kilmar Abrego Garcia ’s request for asylum in the United States is a prudent legal strategy, experts say, because it gives his lawyers better options for fighting the Trump administration’s efforts to deport him.

But it’s also a gamble. Depending on how the courts rule, Abrego Garcia could end up back inside the notorious El Salvador prison where he says he was beaten and psychologically tortured.

“It’s a strategic move,” Memphis-based immigration attorney Andrew Rankin said of the asylum request. “And it can certainly backfire. But it’s something I would do as well if I were representing him.”

Abrego Garcia, 30, became a focus of President Trump’s immigration crackdown when he was wrongfully deported to his native country in March. The administration is trying to deport him again.

Here are some things to know about his case:

‘You can’t win every case’

The administration deported Abrego Garcia to El Salvador because U.S. officials said he was an MS-13 gang member. It’s an allegation that Abrego Garcia denies and for which he wasn’t charged.

His removal to El Salvador violated a U.S. immigration judge’s ruling from 2019 that barred his deportation there. The judge found that Abrego Garcia faced credible threats from a local gang that had extorted from and terrorized his family.

Following a U.S. Supreme Court order, the administration returned him to the United States in June. But it was only to face human smuggling charges, which his lawyers have called preposterous and vindictive.

The administration has said it now intends to deport Abrego Garcia to Uganda. Stephen Miller, White House deputy chief of staff and the main architect of Trump’s immigration policies, told reporters Friday that Garcia has “said he doesn’t want to go back to El Salvador.”

Miller said the administration is “honoring that request by providing him with an alternate place to live.”

In an effort to fight back, Abrego Garcia has notified the U.S. government that he fears being sent to Uganda, which has documented human rights abuses. He said he believes he could be persecuted, tortured or sent from there to El Salvador.

But even if he thwarts deportation to Uganda in immigration court, he probably will face attempts to remove him to another country and then another until the administration succeeds, Rankin said.

“By the law of averages, you can’t win every case,” the lawyer said. “The government has sunk its teeth far into what they’re doing with Kilmar and immigration in general, that it wouldn’t make any sense for them to just give up the fight.”

Taking a risk

Asylum, however, could end the fight.

The request would place the focus solely back on his native El Salvador, where Abrego Garcia has previously shown that he has a credible fear of gang persecution.

But he’s taking a risk by reopening his 2019 immigration case, Rankin said. If he loses the bid for asylum, an immigration judge could remove his protection from being returned to his native country.

That could place him back in the infamous Terrorism Confinement Center, or CECO, in El Salvador. It’s where, Abrego Garcia alleges in a lawsuit, he suffered severe beatings, severe sleep deprivation and psychological torture. Salvadoran President Nayib Bukele has denied those allegations.

Abrego Garcia had applied for asylum in 2019. The immigration judge denied his request because it came more than a year after Abrego Garcia had arrived in the U.S. He had fled to Maryland without documentation around 2011.

Abrego Garcia’s lawyers will probably argue that he has the right to request asylum now because he has been in the U.S. for less than a year after being wrongfully deported to El Salvador, Rankin said.

If approved, asylum could provide him with a green card and a path to citizenship.

‘Not going to let this go’

Abrego Garcia’s asylum petition would go through the U.S. immigration court system, which is not part of the judiciary but an arm of the Department of Justice and under the Trump administration’s authority.

That’s where the risk comes in.

Abrego Garcia has a team of lawyers fighting for him, unlike many people who are facing deportation. And a federal judge is monitoring his immigration case.

Abrego Garcia’s attorneys filed a federal lawsuit in Maryland to ensure he can exercise his constitutional rights to fight against deportation in immigration court.

U.S. District Judge Paula Xinis cannot rule on whether he gets asylum or is deported, but she said she will ensure his right to due process. His team says he is entitled to immigration court proceedings and appeals, including to the U.S. Court of Appeals.

“Even if he does manage to win asylum, the government is going to appeal,” Rankin said. “They’re not going to let this go. Why would they after they’ve invested months and months into this one guy?”

Rankin noted that if Abrego Garcia remains within the jurisdiction of the 4th U.S. Circuit Court of Appeals, that court’s laws would govern his asylum claim. He said that court has been generally positive toward asylum claims and likely would give Abrego Garcia a “fair shake.”

Finley writes for the Associated Press. AP writer Luena Rodriguez-Feo Vileira in Washington contributed to this report.