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BALTIMORE — A U.S. immigration judge on Wednesday denied a bid for asylum from Kilmar Abrego Garcia, whose case has become a proxy for the partisan power struggle over immigration policy.

The judge in the Baltimore immigration court denied an application to reopen Abrego Garcia’s 2019 asylum case, but that is not the final word. Abrego Garcia has 30 days to appeal to the Board of Immigration Appeals.

The Salvadoran national has an American wife and children and has lived in Maryland for years, but he originally immigrated to the U.S. 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 country for more than a year. However, the judge ruled that he could not be deported to El Salvador, where he faced danger from a gang that targeted his family.

When he was mistakenly deported to El Salvador in March and kept in a notorious prison, his case became a rallying point for those who opposed President Donald Trump’s immigration crackdown. Facing a ruling from the U.S. Supreme Court, Trump’s Republican administration returned Abrego Garcia to the U.S. in June, only to immediately charge him with human smuggling.

While he faces those criminal charges in Tennessee, based on a 2022 traffic stop, U.S. Immigration and Customs Enforcement is also seeking to deport him to a third country, proposing Uganda first and then Eswatini.

Loller writes for the Associated Press. Loller reported from Nashville, Tenn.

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.

A United States judge has blocked immigration authorities from immediately detaining and deporting Kilmar Abrego Garcia upon his release from jail.

The decision was part of a one-two punch on Wednesday, as two courts weighed in on the Maryland father’s fate.

Abrego Garcia was catapulted into the national spotlight in March after the administration of President Donald Trump wrongfully deported him to his native El Salvador, despite a court order protecting him from removal.

His case became emblematic of the early days of Trump’s mass deportation drive, with critics accusing the president of taking a slapdash approach that violated the due process of the law.

In recent weeks, Abrego Garcia has been held in a Tennessee prison, as the Trump administration pursues criminal charges against him.

But in one of Wednesday’s twin rulings, US District Judge Waverly Crenshaw in Nashville upheld the finding that Abrego Garcia could be released from jail, rejecting Trump administration claims that he might be a danger or a flight risk.

Crenshaw also expressed doubt about the Trump administration’s claims that Abrego Garcia is a member of the gang MS-13, citing a lack of evidence.

His decision allows Abrego Garcia to potentially be released from detention as he awaits a January trial on human smuggling charges. Still, his release has been once again delayed for a period of 30 days, at the request of Abrego Garcia’s lawyers, who fear he could be deported.

Simultaneously on Wednesday, a second court hearing was unfolding in Maryland under US District Judge Paula Xinis.

She has been hearing arguments about Abrego Garcia’s wrongful deportation to El Salvador, as part of a lawsuit filed by his wife, Jennifer Vasquez Sura.

Given that Trump officials have signalled they plan to deport Abrego Garcia if he is released, Xinis issued a ruling requiring that immigration officials to give him notice of three business days if they initiate removal proceedings.

The Trump administration, Xinis wrote, has “done little to assure the court that, absent intervention, Abrego Garcia’s due process rights will be protected”.

Xinis also ordered the government to restore the legal status that Abrego Garcia had previously been under, which allowed him to live and work in Maryland.

Abrego Garcia was deported to El Salvador in March, in violation of an immigration judge’s 2019 order barring him from being sent back to his home country.

His lawyers have maintained that Abrego Garcia fled El Salvador as a teenager to avoid gang threats.

The government acknowledged that Abrego Garcia’s removal to El Salvador had been the result of an “administrative error”.

Judge Xinis — and later the US Supreme Court — ultimately ruled that the Trump administration had a responsibility to “facilitate” his return to the US.

But the Trump administration doubled down, arguing that Abrego Garcia’s removal was lawful and painting him as a member of MS-13.

Trump even posted a picture of himself to social media holding a photo of Abrego Garcia’s knuckles, with the letters and numbers for “MS-13” digitally superimposed on each finger, next to real tattoos of a smiley face and marijuana leaf.

“He’s got MS-13 tattooed onto his knuckles,” Trump wrote, falsely, on April 18.

Judge Xinis had threatened to find the Trump administration in contempt of court for failing to adequately facilitate Abrego Garcia’s release, or provide meaningful updates. Officials had argued that they had little power to bring him back, given that he was held in El Salvador.

But in early June, the Trump administration abruptly announced Abrego Garcia’s return to the US. At the same time, the Justice Department revealed it had obtained an indictment to criminally charge Abrego Garcia.

At the centre of the government’s case is a video from a November 2022 traffic stop, showing Abrego Garcia driving a Chevrolet Suburban SUV with three rows of seats. A police officer heard in the footage speculates that the nine passengers could be involved in human smuggling, but no charges were brought at that time.

His lawyers have dismissed the government’s case as “preposterous”.

Still, before Xinis’s ruling, the lawyers had requested Abrego Garcia remain in custody as he awaits trial, for fear that he might be immediately deported if released.

While Abrego Garcia cannot be sent to El Salvador again, the Trump administration has maintained he can be legally deported to a third country, even one where he has no personal ties.

Last month, the US Supreme Court ruled that the Trump administration could, at least in the short term, continue to deport individuals to such third-party countries while legal challenges proceed against the practice.

Some of those third-party countries have included South Sudan and Eswatini, formerly known as Swaziland, both of which have faced accusations of human rights abuses in their prisons.

A spokeswoman for the Department of Homeland Security took to the social media platform X on Wednesday to criticise Xinis’s latest ruling.

“The fact this unhinged judge is trying to tell ICE [Immigration and Customs Enforcement] they can’t arrest an MS-13 gang member, indicted by a grand jury for human trafficking, and subject to immigration arrest under federal law is LAWLESS AND INSANE,” spokesperson Tricia McLaughlin wrote, reiterating unproven claims.

Abrego Garcia’s lawyers, however, applauded Wednesday’s court decisions.

“These rulings are a powerful rebuke of the government’s lawless conduct and a critical safeguard for Kilmar’s due process rights,” lawyer Simon Sandoval-Moshenberg said in a statement.

Lawyers for Kilmar Abrego Garcia have asked a federal judge in Tennessee to delay releasing him from jail in order to prevent the Trump administration from trying to swiftly deport the Maryland construction worker.

U.S. District Judge Waverly Crenshaw Jr. in Nashville is expected to rule soon on whether to free Abrego Garcia while he awaits trial on human smuggling charges. If the Salvadoran national is released, U.S. officials have said he would be immediately detained by immigration authorities and targeted for deportation.

Abrego Garcia became a prominent face in the debate over President Trump’s immigration policies when he was wrongfully deported to his native El Salvador in March. That expulsion violated a U.S. immigration judge’s order in 2019 that shields Abrego Garcia from deportation to El Salvador because he likely faces threats of gang violence there.

The administration claimed that Abrego Garcia was in the MS-13 gang, although he wasn’t charged and has repeatedly denied the allegation. Facing mounting pressure and a U.S. Supreme Court order, the Trump administration returned Abrego Garcia to the U.S. last month to face the smuggling charges, which his attorneys have called “preposterous.”

The smuggling case stems from a 2022 traffic stop for speeding, during Abrego Garcia was driving a vehicle with nine passengers. Police in Tennessee suspected human smuggling, but he was allowed to drive on.

U.S. officials have said they’ll try to deport Abrego Garcia to a country that isn’t El Salvador, such as Mexico or South Sudan, before his trial starts in January because they allege he’s a danger to the community.

U.S. Magistrate Judge Barbara Holmes in Nashville ruled a month ago that Abrego Garcia is eligible for release after she determined he’s not a flight risk or a danger. Abrego Garcia’s attorneys asked her to keep him in jail over deportation concerns.

Holmes’ ruling is being reviewed by Crenshaw after federal prosecutors filed a motion to revoke her release order.

Abrego Garcia’s attorneys initially argued for his release but changed their strategy because of the government’s plans to deport him if he is set free. With Crenshaw’s decision imminent, Abrego Garcia’s attorneys filed a motion Sunday night for a 30-day stay of any release order. The request would allow Abrego Garcia to “evaluate his options and determine whether additional relief is necessary.”

Earlier this month, U.S. officials detailed their plans to try to expel Abrego Garcia in a federal court in Maryland. That’s where Abrego Garcia’s American wife, Jennifer Vasquez Sura, is suing the Trump administration over his wrongful deportation in March and is trying to prevent another expulsion.

U.S. officials have argued that Abrego Garcia can be deported because he came to the U.S. illegally around 2011 and because a U.S. immigration judge deemed him eligible for expulsion in 2019, although not to his native El Salvador.

Following the immigration judge’s decision in 2019, Abrego Garcia was released under federal supervision, received a federal work permit and checked in with ICE each year, his attorneys have said. But U.S. officials recently stated in court documents that they revoked Abrego Garcia’s supervised release.

Abrego Garcia’s attorneys in Maryland have asked U.S. District Judge Paula Xinis to order the federal government to send Abrego Garcia to that state to await his trial, a bid that seeks to prevent deportation.

His lawyers also asked Xinis to issue at least a 72-hour hold that would prevent immediate deportation if he’s released from jail in Tennessee. Xinis has not ruled on either request.

Finley writes for the Associated Press.

NASHVILLE — A federal judge in Tennessee on Sunday denied the U.S. government’s motion to keep Kilmar Abrego Garcia in detention before his trial on human smuggling charges and ordered his release.

But Abrego Garcia, whose mistaken deportation to El Salvador has become a high-profile case in President Trump’s immigration crackdown, is not expected to go free because U.S. Immigration and Customs Enforcement will probably take him into custody and possibly try to deport him.

In denying the Trump administration’s motion Sunday, U.S. Magistrate Judge Barbara Holmes scheduled a hearing for Wednesday to discuss the conditions of his release.

The U.S. government has already filed a motion to appeal the judge’s decision and is asking her to stay her impending release order.

Abrego Garcia pleaded not guilty on June 13 to smuggling charges that his attorneys have characterized as an attempt to justify his mistaken deportation in March to a notorious prison in El Salvador. That hearing was the first chance the Maryland construction worker had in a U.S. courtroom to answer the Trump administration’s allegations.

The smuggling charges stem from a 2022 traffic stop for speeding in Tennessee during which Abrego Garcia was driving a vehicle with nine passengers. Although officers suspected possible smuggling, he was allowed to go with only a warning.

A federal indictment accuses Abrego Garcia of smuggling throughout the U.S. hundreds of people living in the country illegally, including children and members of the violent MS-13 gang. He has denied the charges.

The investigation was launched weeks after the Supreme Court ordered the administration to facilitate his return from El Salvador amid mounting public pressure.

Holmes acknowledged in her ruling Sunday that determining whether Abrego Garcia should be released is “little more than an academic exercise” because ICE will probably detain him. But the judge wrote that the government failed to prove that Abrego Garcia was a flight risk, that he posed a danger to the community or that he would interfere with proceedings if released.

“Overall, the Court cannot find from the evidence presented that Abrego’s release clearly and convincingly poses an irremediable danger to other persons or to the community,” the judge wrote.

The acting U.S. attorney for the Middle District of Tennessee, Rob McGuire, argued on June 13 that the likely attempt by ICE to deport him was one reason to keep him in jail.

The judge suggested then that the Department of Justice and the Department of Homeland Security could work out between themselves whether the government’s priority is to try him on the criminal charges or deport him. No date has been set for the trial.

A 2019 immigration judge’s order prevents Abrego Garcia from being deported to his native El Salvador because he faces a credible threat from gangs there, according to Will Allensworth, an assistant federal public defender representing him.

The government could deport him to a third country, but immigration officials would first be required to show that that country was willing to keep him and not deport him back to El Salvador, Allensworth said.

At the detention hearing, McGuire said cooperating witnesses have accused Abrego Garcia of trafficking drugs and firearms and of abusing the women he transported, among other claims. Abrego Garcia also denies those accusations, and although he is not charged with such crimes, McGuire said they showed him to be a dangerous person who should remain in jail pretrial.

Most people in ICE custody who are facing criminal charges are not kept in the U.S. for trial but deported, according to Ohio State University law professor César Cuauhtémoc García Hernández. The government would not need a conviction to deport Abrego Garcia because he came to the U.S. illegally.

However an immigration judge rules, the decision can be appealed to the Board of Immigration Appeals, García Hernández said. And the board’s ruling can then be contested in a federal appeals court.

Loller and Finley write for the Associated Press and reported from Nashville and Norfolk, Va., respectively.