Kilmar

A federal judge in Tennessee warns Trump officials over statements about Kilmar Abrego Garcia

A federal judge in Tennessee on Monday warned of possible sanctions against top Trump administration officials if they continue to make inflammatory statements about Kilmar Abrego Garcia that could prejudice his coming trial.

U.S. District Judge Waverly Crenshaw filed an order late on Monday instructing local prosecutors in Nashville to provide a copy of his opinion to all Justice Department and Department of Homeland Security employees, including Atty. Gen. Pam Bondi and Homeland Security Secretary Kristi Noem.

“Government employees have made extrajudicial statements that are troubling, especially where many of them are exaggerated if not simply inaccurate,” Crenshaw writes.

He lists a number of examples of prohibited statements as outlined in the local rules for the U.S. District Court of Middle Tennessee. They include any statements about the “character, credibility, reputation, or criminal record of a party” and “any opinion as to the accused’s guilt or innocence.”

“DOJ and DHS employees who fail to comply with the requirement to refrain from making any statement that ‘will have a substantial likelihood of materially prejudicing’ this criminal prosecution may be subject to sanctions,” his order reads.

Earlier this year, Abrego Garcia’s mistaken deportation to El Salvador, where he was held in a notoriously brutal prison despite having no criminal record, helped galvanize opposition to President Trump’s immigration crackdown. Facing mounting public pressure and a court order, the Trump administration brought him back to the U.S. in June, but only after issuing an arrest warrant on human smuggling charges in Tennessee. Abrego Garcia has pleaded not guilty to those charges and asked Crenshaw to dismiss them.

Meanwhile, 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 and even implicating him in a murder. Crenshaw’s opinion cites statements from several top officials, including Bondi and Noem, as potentially damaging to Abrego Garcia’s right to a fair trial. He also admonishes Abrego Garcia’s defense attorneys for publicly disclosing details of plea agreement negotiations.

Abrego Garcia has an American wife and child and has lived in Maryland for years, but he immigrated to the U.S. illegally from El Salvador as a teenager. In 2019, an immigration judge granted him protection from being deported back to his home country, finding he had a well-founded fear of violence there from a gang that targeted his family.

Since his return to the U.S. in June, Immigration and Customs Enforcement has announced plans to deport him to a series of African countries, most recently Liberia.

Loller writes for the Associated Press.

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DOJ now wants to deport Kilmar Abrego Garcia to Liberia

The Department of Justice filed a motion to deport Kilmar Abrego Garcia to Liberia. File Photo by Shawn Thew/EPA

Oct. 24 (UPI) — The Department of Justice filed a motion Friday to deport Kilmar Abrego Garcia to Liberia, a country to which he has no ties.

The Department of Homeland Security has received “diplomatic assurances regarding the treatment of third-country individuals removed to Liberia from the United States and are making the final necessary arrangements for [Abrego Garcia’s] removal,” the filing said.

DHS expects “to be able to effectuate removal as soon as Oct. 31.”

Abrego Garcia, a Baltimore resident, is a native of El Salvador. He was accidentally deported to a Salvadoran prison in March against a court order. In recent months, DHS has been looking for a new place to send him. It’s tried Uganda, Eswatini and Ghana, but those countries refused.

But an immigration judge ordered that Abrego Garcia not be removed from the United States.

Abrego Garcia’s attorney said the government “has chosen yet another path that feels designed to inflict maximum hardship.”

“Having struck out 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,” Simon Sandoval-Moshenberg told ABC News. “Costa Rica has agreed to accept him as a refugee, and remains a viable and lawful option.”

The DOJ said Liberia is “a thriving democracy” and is “committed to the humane treatment of refugees.”

Abrego Garcia has been accused of being a gang member and of human trafficking, stemming from a 2002 traffic stop in Tennessee. Police stopped the vehicle in Tennessee and found several Latino men with no identification. Charges for that case were filed this year. He still awaits trial.

On Oct. 4, a federal judge in Tennessee granted a motion by Abrego Garcia’s defense team that seeks a hearing for vindictive prosecution.

“The timing of Abrego’s indictment suggests a realistic likelihood that senior DOJ and [Homeland Security] officials may have induced Acting U.S. Attorney [Robert] McGuire (albeit unknowingly) to criminally charge Abrego in retaliation for his Maryland lawsuit,” U.S. District Court for Middle Tennessee Judge Waverly Crenshaw Jr. wrote.

The Maryland lawsuit was Garcia’s successful legal challenge in a federal court in which he showed DHS made a mistake when it deported him to El Salvador.

Federal officials also contend Abrego Garcia was a member of the Salvadoran MS-13 gang, though he and his family deny it. They argue that Abrego Garcia fled El Salvador because of gang violence.

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Federal judge okays ‘vindictive prosecution’ hearing for Kilmar Garcia

A federal judge in Tennessee granted Kilmar Abrego Garcia’s request for a hearing to determine if his federal prosecution for alleged human trafficking and conspiracy is vindictive and illegal and should be dismissed. Photo by Shawn Thew/EPA

Oct. 4 (UPI) — A federal judge has ordered a hearing to determine if the Justice Department is engaged in a vindictive prosecution of El Salvadoran immigrant Kilmar Abrego Garcia.

U.S. District Court for Middle Tennessee Judge Waverly Crenshaw Jr. in a 16-page ruling on Friday granted a motion by Garcia’s defense team that seeks a hearing regarding a potential vindictive prosecution.

“The timing of Abrego’s indictment suggests a realistic likelihood that senior DOJ and [Homeland Security] officials may have induced Acting U.S. Attorney McGuire (albeit unknowingly) to criminally charge Abrego in retaliation for his Maryland lawsuit,” Crenshaw wrote.

The Maryland lawsuit refers to Garcia’s successful legal challenge in a federal court there, in which he showed the Department of Homeland Security erred when it deported him to El Salvador, which is his nation of citizenship.

While Garcia is subject to deportation, an immigration judge had ruled he can’t be deported to El Salvador, where Garcia, an alleged member of MS-13, said his life would be in danger from a rival gang.

That rival gang is Barrio 18, which is active in the United States as the 18th Street Gang.

El Salvador since has cracked down on gang activities and imprisoned many gang members.

Crenshaw said Homeland Security Sec. Kristi Noem and Attorney General Pam Bondi each publicly “celebrated the charges against him,” CNN reported.

Such public celebrations are insufficient to show vindictive prosecution, though, according to The New York Times.

Instead, Garcia must show federal prosecutors improperly filed criminal charges against him as punishment for his Maryland court challenge.

Crenshaw said Garcia has shown the possibility that the prosecution is vindictive by initiating an investigation into the Tennessee traffic stop within days of the Supreme Court upholding lower court rulings requiring the Trump administration to facilitate Garcia’s return from El Salvador.

The matter arises from a Nov. 30, 2022, traffic stop of Garcia, in which Tennessee police found him traveling from Texas to Maryland with eight passengers and driving without a valid license, Crenshaw said.

The Tennessee police released Garcia with a warning regarding his expired driver’s license and did not charge him with any crimes or civil infractions.

After securing a two-count federal indictment against Garcia on May 21, the Trump administration flew Garcia back to the United States on June 6 to face prosecution for alleged human trafficking and conspiracy.

“Abrego has carried his burden of demonstrating some evidence that the prosecution against him may be vindictive,” Crenshaw wrote.

He said the Justice Department must provide “objective, on-the-record explanations” regarding the prosecution that was brought after the Biden administration said there is no evidence of wrongdoing by Garcia.

A hearing date has not been scheduled regarding the alleged vindictive prosecution.

If Crenshaw rules the prosecution is vindictive, he could dismiss the case against Garcia, who remains subject to deportation.

Former President Barack Obama nominated Crenshaw to the federal court in 2015.

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Immigration judge denies Kilmar Abrego Garcia’s bid for asylum

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.

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Kilmar Abrego Garcia is transferred to Pennsylvania detention facility

Kilmar Abrego Garcia, who was wrongfully deported from the United States to his native El Salvador and whose case became an intensely watched focus of President Trump’s immigration crackdown, has been moved from a Virginia detention center to a facility in Pennsylvania.

Court records show Immigration and Customs Enforcement notified Abrego Garcia’s lawyers Friday that he was transferred to the Moshannon Valley Processing Center in Philipsburg. It said the location would make it easier for the attorneys to access him.

But his attorneys raised concerns about conditions at Moshannon, saying there have been recent reports of “assaults, inadequate medical care, and insufficient food,” according to a federal court filing.

The Trump administration has claimed that Abrego Garcia was a member of the MS-13 gang, an allegation that he denies and for which he was not charged.

The administration returned Abrego Garcia to the U.S. in June, but only to face human smuggling charges. His lawyers have called the case preposterous and vindictive.

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U.S. says it will deport Kilmar Abrego Garcia to Eswatini because he fears deportation to Uganda

Attorneys for U.S. Immigration and Customs Enforcement said in a Friday letter that they intend to send Kilmar Abrego Garcia to the African nation of Eswatini after he expressed a fear of deportation to Uganda.

The letter from ICE to Abrego Garcia’s attorneys was earlier reported by Fox News. It states that his fear of persecution or torture in Uganda is “hard to take seriously, especially given that you have claimed (through your attorneys) that you fear persecution or torture in at least 22 different countries. … Nonetheless, we hereby notify you that your new country of removal is Eswatini.”

Human rights groups have documented violations and abuses in Uganda — as well as in Eswatini, a tiny African kingdom formerly known as Swaziland.

Eswatini’s government spokesperson told the Associated Press on Saturday that it had received no communication regarding Abrego Garcia’s transfer there.

The Salvadoran man lived in Maryland for more than a decade before he was mistakenly deported to El Salvador earlier this year. That set off a series of contentious court battles that have turned his case into a test of the limits of President Trump’s hard-line immigration policies.

Although Abrego Garcia immigrated to the U.S. illegally around 2011 as a teenager, he has an American wife and child. A 2019 immigration court order barred his deportation to his native El Salvador, finding he had a credible fear of threats from gangs there. He was deported anyway in March — in what a government attorney said was an administrative error — and held in the country’s notorious Terrorism Confinement Center, known as CECOT.

Facing a court order, the Trump administration returned him to the U.S. in June only to charge him with human smuggling based on a 2022 traffic stop in Tennessee. Though that court case is ongoing, ICE now seeks to deport him again. Abrego Garcia, who denies the charges, is requesting asylum in the United States.

He was denied asylum in 2019 because his request came more than a year after he arrived in the U.S., his attorney Simon Sandoval-Mosenberg has said. Since he was deported and has now reentered the U.S., the attorney said, he is now eligible for asylum.

“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,” he said in an emailed statement.

As part of his asylum claim, Abrego Garcia expressed a fear of deportation to Uganda and “nearly two dozen” other countries, according to an ICE court filing in opposition to reopening his asylum case. That Thursday filing also states that if the case is reopened, the 2019 order barring his deportation to El Salvador would become void and the government would pursue his removal to that country.

Loller writes for the Associated Press.

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Kilmar Abrego Garcia requests asylum in the U.S., hoping to prevent his deportation to Uganda

Kilmar Abrego Garcia, whose case has come to encapsulate much of President Trump’s hard-line immigration agenda, wants to seek asylum in the United States, his lawyers told a federal judge Wednesday.

Abrego Garcia, 30, was detained Monday by U.S. Customs and Immigration Enforcement in Baltimore after leaving a Tennessee jail on Friday. The Trump administration said it intends to deport him to the African country of Uganda.

Administration officials have said he’s part of the dangerous MS-13 gang, an allegation Abrego Garcia denies.

The Salvadoran national’s lawyers are fighting the deportation efforts in court, arguing he has the right to express fear of persecution and torture in Uganda. Abrego Garcia has also told immigration authorities he would prefer to be sent to Costa Rica if he must be removed from the U.S.

A request for asylum in 2019

A U.S. immigration judge denied his request for asylum in 2019 because he applied more than a year after he had fled to the U.S. He left El Salvador at the age of 16, around 2011, to join his brother, who had become a U.S. citizen and was living in Maryland.

Although he was denied asylum, the immigration judge did issue an order shielding Abrego Garcia from deportation to El Salvador because he faced credible threats of violence from a gang there that had terrorized him and his family. He was granted a form of protection known as “withholding of removal,” which prohibits him from being sent to El Salvador but allows his deportation to another country.

Following the 2019 ruling, Abrego Garcia was released under federal supervision and continued to live with his American wife and children in Maryland. 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.

But in March, the Trump administration deported Abrego Garcia to a notorious El Salvador prison, alleging he was a member of MS-13.

The allegation stems from a day in 2019 when Abrego Garcia sought work as a day laborer at a Home Depot in Maryland. Authorities had been told by a confidential informant that Abrego Garcia and other men could be identified as members of MS-13 because of their clothing and tattoos. He was detained by police, but Abrego Garcia was never charged — and has repeatedly denied the allegation. He was turned over to ICE and that’s when he applied for asylum for the first time.

Wrongful deportation and return

The Trump administration’s deportation of Abrego Garcia in March violated the immigration judge’s 2019 order barring his removal to El Salvador. Abrego Garcia’s wife sued to bring him back. Facing mounting pressure and a U.S. Supreme Court order, the Trump administration returned Abrego Garcia to the U.S. in June, where he was charged with human smuggling, a federal offense.

Abrego Garcia is accused of taking money to transport people who were in the country illegally. He has pleaded not guilty and asked the judge to dismiss the case, saying it was filed to punish him for challenging his deportation.

The charges stem from a 2022 traffic stop for speeding in Tennessee. There were nine passengers in the SUV and Abrego Garcia had $1,400 in cash on him. While officers discussed among themselves their suspicions of smuggling, he was allowed to drive away with only a warning.

A Homeland Security agent testified that he didn’t begin investigating until this April, when the government was facing mounting pressure to return Abrego Garcia to the U.S. The trial is set for January.

A federal judge in Tennessee released Abrego Garcia from jail on Friday after ruling that he was not a flight risk or a danger. The Trump administration moved to deport Abrego Garcia again on Monday, alleging he is a danger.

Abrego Garcia then stated his intent to reopen his immigration case in Maryland and to seek asylum again, his lawyers said Wednesday. Asylum, as defined under U.S. law, provides a green card and a path to citizenship. Abrego Garcia can still challenge his deportation to Uganda, or any other country, on grounds that it is unsafe.

Abrego Garcia’s lawyers say sending him to Uganda would be punishment for successfully fighting his deportation to El Salvador, refusing to plead guilty to the smuggling charges and for seeking release from jail in Tennessee.

Judge keeps Abrego Garcia in the U.S., for now

Abrego Garcia’s attorneys have filed a federal lawsuit to ensure that he can exercise his constitutionally protected right to fight deportation. He is entitled to immigration court proceedings and appeals, his lawyers say.

U.S. District Judge Paula Xinis in Maryland, who is overseeing the lawsuit, has ruled that the U.S. government cannot remove Abrego Garcia from the country as the lawsuit plays out.

Justice Department attorney Drew Ensign said the government disagrees with the court’s order not to remove him while the lawsuit is pending but that it will comply.

Xinis will not rule on whether Abrego Garcia receives asylum or is deported, but will determine whether he can exercise his right to contest deportation. His asylum case will be heard by a U.S. immigration judge, who is employed by the Department of Justice under the authority of the Trump administration.

The nation’s immigration courts have become a key focus of Trump’s hard-line immigration enforcement efforts. The president has fired more than 50 immigration judges since he returned to the White House in January.

Abrego Garcia’s lawyers have said he’ll be able to appeal immigration court rulings to the U.S. Court of Appeals.

Kunzelman and Finley write for the Associated Press. Finley reported from Norfolk, Va. AP writer Elliot Spagat contributed to this report.

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Kilmar Abrego Garcia facing deportation to Uganda

Aug. 23 (UPI) — A day after his release from custody, Kilmar Abrego Garcia faces the possibility of being deported to Uganda, lawyers for the El Salvadoran national said in a court filing Saturday.

Abrego Garcia’s lawyers claim the federal government is pushing their client to accept a guilty plea in relation to human trafficking charges in Tennessee, or face deportation to the African nation. He was born in El Salvador, immigrated to the United States as a teenager around 2011 and violated a 2019 court order that protected him from deportation.

On Friday, a federal magistrate judge released Abrego Garcia from custody while he awaits trial for the Tennessee incident.

He was then immediately ordered to report to U.S. Immigration and Customs Enforcement agents in Baltimore.

The judge ordered the federal government to give the 30-year-old at least 72 hours notice before undertaking deportation proceedings to give his lawyers a chance to file a legal challenge.

“Despite having requested and received assurances from the government of Costa Rica that Mr. Abrego would be accepted there, within minutes of his release from pretrial custody, an ICE representative informed Mr. Abrego’s counsel that the government intended to deport Mr. Abrego to Uganda and ordered him to report to ICE’s Baltimore Field Office Monday,” lawyers said in their court filing.

“There can be only one interpretation of these events: the DOJ, DHS, and ICE are using their collective powers to force Mr. Abrego to choose between a guilty plea followed by relative safety, or rendition to Uganda, where his safety and liberty would be under threat.”

Abrego Garcia was initially deported to El Salvador this past March after federal officials accused him of being a member of the MS-13 gang and illegally entered the United States in 2011.

The move came amid President Donald Trump‘s crackdown on illegal immigration across the country.

The Trump administration later admitted Abrego Garcia’s deportation was due to an administrative error.

He was later returned to the United States after his case became national news, leading people to advocate for his repatriation, including Sen. Chris Van Hollen Jr., D-Md. Abrego Garcia lives in Baltimore with his wife and children.

He has been held in custody since returning to the United States in relation to the 2022 human trafficking charges in Tennessee.

Federal officials have promised to deport him to Costa Rica in exchange for a guilty plea, but have said that offer will be rescinded shortly if Abrego Garcia doesn’t make a deal.

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Trump administration seeks to deport Kilmar Abrego Garcia to Uganda | Migration News

Immigration officials in the United States say they intend to deport Kilmar Abrego Garcia to Uganda, according to a court filing, in what the man’s legal team describes as an act of “vindictiveness” by US President Donald Trump’s administration.

The court filing on Saturday said the idea of sending Abrego Garcia to Uganda came after he declined an offer to be deported to Costa Rica in exchange for remaining in jail and pleading guilty to human smuggling charges.

He has pleaded not guilty and asked the judge to dismiss the case, claiming that it is an attempt to punish him for challenging his deportation from the US to El Salvador earlier this year.

Abrego Garcia’s case has become a flashpoint in Trump’s hardline, anti-immigration agenda after the Salvadoran national was mistakenly deported in March.

Facing a court order, the Trump administration brought him back to the US in June, only to detain him on human smuggling charges.

The Costa Rica offer came late on Thursday, after it was clear that Abrego Garcia would likely be released from a Tennessee jail the following day.

Abrego Garcia declined to extend his stay in jail and was released on Friday to await trial in Maryland with his family.

Later that day, the US Department of Homeland Security notified his lawyers that he would be deported to Uganda and should report to immigration authorities on Monday.

“The government immediately responded to Mr Abrego’s release with outrage,” Saturday’s filing by Abrego Garcia’s lawyers reads.

“Despite having requested and received assurances from the government of Costa Rica that Mr Abrego would be accepted there, within minutes of his release from pretrial custody, an ICE representative informed Mr Abrego’s counsel that the government intended to deport Mr Abrego to Uganda and ordered him to report to ICE’s Baltimore Field Office Monday morning.”

The filing also accuses US officials of “using their collective powers to force Mr Abrego to choose between a guilty plea followed by relative safety, or rendition to Uganda, where his safety and liberty would be under threat”.

“It is difficult to imagine a path the government could have taken that would have better emphasized its vindictiveness,” it says.

Although Abrego Garcia was deemed eligible for pretrial release, he had remained in jail at the request of his lawyers, who feared the Trump administration could try to immediately deport him again if he were freed.

Those fears were somewhat allayed by a recent ruling in a separate case in Maryland, which requires immigration officials to allow Abrego Garcia time to mount a defence.

But Al Jazeera’s Rosiland Jordan, reporting from Washington, DC, on Saturday evening, said the latest developments have raised new fears that Abrego Garcia will be quickly deported once he reports to ICE officials on Monday.

“He and his lawyers argue there’s a very real fear that the US will once again ignore a judge’s order to basically leave him alone and put him on a plane and take him to another country – in this case, Uganda,” she said.

Questions on due process

Abrego Garcia had been living in the US under protected legal status since 2019, when a judge ruled he should not be deported because he could be harmed in his home country.

He then became one of more than 200 people sent to El Salvador’s CECOT mega-prison as part of Trump’s crackdown on migrants and asylum seekers in the US.

But Department of Justice lawyers admitted that the Salvadoran citizen had been wrongly deported due to an “administrative error”.

Abrego Garcia – who denies any wrongdoing – now stands accused of involvement in smuggling undocumented migrants from Guatemala, El Salvador, Honduras and other countries into the US between 2016 and earlier this year.

His trial in his human smuggling case is set to begin in January 2027.

Aaron Reichlin-Melnick, a senior fellow at the American Immigration Council, said in a social media post on Saturday that “no matter what you think about Mr Abrego Garcia, if you believe in due process, you should be infuriated” by the effort to send him to Uganda.

“The Trump admin is threatening to dump him in Africa as punishment for not pleading guilty to criminal charges they brought to avoid complying with a court order,” Reichlin-Melnick wrote on X.

The Trump administration has defended its policies, saying the US president was elected on a promise to carry out the “largest deportation operation” in the country’s history.

But Washington’s push to deport people has drawn widespread criticism, with removals to third countries, in particular, fuelling fears that those being sent abroad could face human rights abuses and other dangers.

Last month, the Trump administration sent eight men to South Sudan, a country gripped by political instability and violence.

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Kilmar Abrego Garcia, free for now from jail, could be deported to Uganda

Kilmar Abrego Garcia, who’s at the center of an ongoing immigration feud with the Trump administration, faces the possibility of deportation to Uganda, just a day after being released from a Tennessee jail.

Court documents Saturday showed President Trump’s administration plans to deport Abrego Garcia to Uganda after he turned down an offer to be sent to Costa Rica if he pleaded guilty to human smuggling charges.

His case has attracted attention amid Trump’s immigration crackdown when he was mistakenly deported in March. Facing a court order, the Trump administration brought him back to the U.S. in June, only to detain him on human smuggling charges, which the Maryland resident denies.

Simon Sandoval-Moshenberg, Abrego Garcia’s lead attorney in his lawsuit against the Trump administration, said in a statement Saturday that the government is trying to use the immigration system to punish his client by “attempting to send him halfway across the world, to a country with documented human rights abuses and where he does not even speak the language.”

Abrego Garcia’s attorney’s court filings show the administration requested he appear at an immigration facility in Baltimore on Monday and could be deported again.

In a statement Friday at his release, Abrego Garcia said he saw his family for the first time in more than five months.

“We are steps closer to justice, but justice has not been fully served,” he added.

Homeland Security Secretary Kristi Noem denounced the decision to free Abrego Garcia, stating that the administration will not stop fighting until he’s out of the U.S.

The Trump administration casts him as an MS-13 gang member and immigrant smuggler.

Abrego Garcia and his attorneys reject those claims. They portray him as a family man and construction worker who was arbitrarily deported and vindictively charged.

As his story takes yet another turn, here’s what to know:

The Costa Rica-Uganda offer

The Costa Rica offer came late Thursday and included a requirement that he remain in jail, according to a brief filed in Tennessee, where the criminal case was brought. After Abrego Garcia left jail Friday, Immigration and Customs Enforcement told his attorneys he would be deported to Uganda and should report to immigration authorities Monday.

Later Friday, the government told Abrego Garcia he has until first thing Monday to accept a plea in exchange for deportation to Costa Rica, or else that offer will be off the table, his defense attorneys wrote.

They declined to say whether he is still considering the offer.

Filed along with the court brief was a letter from the Costa Rican government stating that Abrego Garcia would be welcomed to that country as a legal immigrant and wouldn’t face the possibility of detention.

Justice Department spokesperson Chad Gilmartin responded to the brief with a statement saying, “A federal grand jury has charged Abrego Garcia with serious federal crimes … underscoring the clear danger this defendant presents to the community. This defendant can plead guilty and accept responsibility or stand trial before a jury. Either way, we will hold Abrego Garcia accountable and protect the American people.”

The Department of Homeland Security notified his attorneys that he should report to immigration authorities on Monday in Baltimore to face deportation.

Uganda has agreed to a deal to accept certain migrants being deported from the United States.

‘Well-founded fear’ of returning to El Salvador

Abrego Garcia, 30, grew up in El Salvador and fled at 16 because a local gang extorted from and terrorized his family, court records state. He traveled to Maryland, where his brother lives as a U.S. citizen, but was not authorized to stay.

Abrego Garcia found work in construction and met his future wife, Jennifer Vasquez Sura. In 2018, he moved in with her and her two children after she became pregnant with their child.

In March 2019, Abrego Garcia went to a Home Depot seeking work as a laborer when he was detained by local police, court records state. He was suspected of being in MS-13, based on tattoos and clothing.

A criminal informant told police Abrego Garcia was in MS-13, court records state, but police did not charge him and turned him over to ICE.

A U.S. immigration judge denied Abrego Garcia’s subsequent asylum claim because more than a year had passed since his arrival. But the judge granted him protection from being deported to El Salvador, determining he had a “well-founded fear” of gang persecution there, court records state.

Abrego Garcia was released and placed under federal supervision. He received a federal work permit and checked in with ICE each year, his lawyers said.

‘Audacity to fight back’

In February, the Trump administration designated MS-13 a foreign terrorist organization. In March, it deported Abrego Garcia to a prison in El Salvador, violating the U.S. immigration judge’s 2019 order.

Abrego Garcia later claimed in court documents that he was beaten and psychologically tortured while held at the Terrorism Confinement Center, known as CECOT. Salvadoran President Nayib Bukele denied the allegations.

The Trump administration described its violation of the immigration judge’s 2019 order as an administrative error. Trump and other officials reiterated claims that Abrego Garcia was in MS-13.

Vasquez Sura filed a lawsuit to bring her husband back. The Trump administration returned Abrego Garcia to the U.S. in June after a Supreme Court order. But it brought human smuggling charges against him.

The smuggling case stems from a 2022 traffic stop for speeding, during which Abrego Garcia was driving with nine passengers. Tennessee police suspected human smuggling, but allowed him to drive on and didn’t charge him.

Abrego Garcia pleaded not guilty.

His lawyers filed a motion to dismiss the case based on “vindictive and selective prosecution.”

Deportation fears realized

U.S. Magistrate Barbara Holmes in Nashville ruled in June that Abrego Garcia has a right to be released from jail while he awaits trial.

But Abrego Garcia remained in a Tennessee jail at his attorneys’ request for about 11 weeks over fears that ICE would immediately try to deport him.

Thomas Giles, an assistant director for ICE, testified in July that Abrego Garcia would be detained as soon as he’s freed.

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

Judge provides some protections

In response to concerns Abrego Garcia would be deported without due process, U.S. District Judge Paula Xinis prohibited ICE from immediately detaining him upon release in Tennessee.

Xinis, overseeing the lawsuit in Maryland, ordered restrictions on ICE in late July. She required any removal proceedings begin in Baltimore.

Xinis also ordered that ICE provide three business days’ notice if it intends to initiate removal proceedings.

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

Electronic monitoring and home detention

Soon after Xinis’ order, Abrego Garcia’s attorneys asked the federal judge in Tennessee to release him.

Holmes, the U.S. magistrate in Nashville, released him Friday, requiring Abrego Garcia to stay with his brother in Maryland and be subjected to electronic monitoring and home detention.

Finley and Catalini write for the Associated Press. AP writer Travis Loller in Nashville contributed to this report.

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U.S. seeks to deport Kilmar Abrego Garcia to Uganda after he refuses plea offer

U.S. immigration officials said they intend to deport Kilmar Abrego Garcia to Uganda, after he declined an offer to be deported to Costa Rica in exchange for remaining in jail and pleading guilty to human smuggling charges, according to a Saturday court filing.

The Costa Rica offer came late Thursday, after it was clear that the Salvadoran national would probably be released from a Tennessee jail the next day. Abrego Garcia declined to extend his stay in jail and was released Friday to await trial in Maryland with his family. Later that day, the Department of Homeland Security notified his attorneys that he would be deported to Uganda and should report to immigration authorities Monday.

Abrego Garcia’s case became a high-profile story in President Trump’s immigration crackdown after he was mistakenly deported to El Salvador in March. Facing a court order, the Trump administration brought him back to the U.S. in June, only to detain him on human smuggling charges.

He has pleaded not guilty and has asked the judge to dismiss the case, claiming that it is an attempt to punish him for challenging his deportation to El Salvador. The Saturday filing came as a supplement to that motion to dismiss, stating that the threat to deport him to Uganda is more proof that the prosecution is vindictive.

“The government immediately responded to Mr. Abrego’s release with outrage,” the filing reads. “Despite having requested and received assurances from the government of Costa Rica that Mr. Abrego would be accepted there, within minutes of his release from pretrial custody, an ICE representative informed Mr. Abrego’s counsel that the government intended to deport Mr. Abrego to Uganda and ordered him to report to ICE’s Baltimore Field Office Monday morning.”

Although Abrego Garcia was deemed eligible for pretrial release, he had remained in jail at the request of his attorneys, who feared the Republican administration could try to immediately deport him again if he were freed. Those fears were somewhat allayed by a recent ruling in a separate case in Maryland, which requires immigration officials to allow Abrego Garcia time to mount a defense.

Loller writes for the Associated Press.

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Kilmar Abrego Garcia is freed from Tennessee jail so he can rejoin family in Maryland to await trial

Kilmar Abrego Garcia was released from jail in Tennessee on Friday so he can rejoin his family in Maryland while awaiting trial on human smuggling charges.

The Salvadoran national’s case became a flashpoint in President Trump’s immigration agenda after he was mistakenly deported in March. Facing a court order, the Trump administration brought him back to the U.S. in June, only to detain him on criminal charges.

Although Abrego Garcia was deemed eligible for pretrial release, he had remained in jail at the request of his attorneys, who feared the Republican administration could try to immediately deport him again if he were freed. Those fears were somewhat allayed by a recent ruling in a separate case, which requires immigration officials to allow Abrego Garcia time to mount a challenge to any deportation order.

On Friday, after two months, Abrego Garcia walked out of the Putnam County jail wearing a short-sleeved white button-down shirt and black pants and accompanied by defense attorney Rascoe Dean and two other men. They did not speak to reporters but got into a white SUV and sped off.

The release order from the court requires Abrego Garcia to travel directly to Maryland, where he will be in home detention with his brother designated as his third-party custodian. He is required to submit to electronic monitoring and can only leave the home for work, religious services and other approved activities.

An attorney for Abrego Garcia in his immigration case in Maryland, Simon Sandoval-Moshenberg, said in a statement Friday his client had been “reunited with his loving family” for the first time since he was wrongfully deported to a notorious El Salvador prison in March.

“While his release brings some relief, we all know that he is far from safe,” Sandoval-Moshenberg said. “ICE detention or deportation to an unknown third country still threaten to tear his family apart. A measure of justice has been done, but the government must stop pursuing actions that would once again separate this family.”

Earlier this week, Abrego Garcia’s criminal attorneys filed a motion asking the judge to dismiss the criminal case, claiming he is being prosecuted to punish him for challenging his removal to El Salvador.

Abrego Garcia has pleaded not guilty to the smuggling charges, which stem from a 2022 traffic stop in Tennessee for speeding. Body camera footage from a Tennessee Highway Patrol officer shows a calm exchange with Abrego Garcia. There were nine passengers in the car, and the officers discussed among themselves their suspicions of smuggling. However, Abrego Garcia was allowed to continue driving with only a warning.

A Department of Homeland Security agent testified he did not begin investigating the traffic stop until this April, when the government was facing mounting pressure to return Abrego Garcia to the U.S.

Abrego Garcia has an American wife and children and has lived in Maryland for years, but he immigrated to the U.S. illegally. In 2019, an immigration judge denied his application for asylum but granted him protection from being deported back to El Salvador, where he faces a “well-founded fear” of violence, according to court filings. He was required to check in yearly with Immigration and Customs Enforcement while Homeland Security issued him a work permit.

Although Abrego Garcia can’t be deported to El Salvador without violating the judge’s order, Homeland Security officials have said they plan to deport him to an unnamed third country.

Loller and Hall write for the Associated Press.

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Kilmar Abrego Garcia released from custody, returns to Maryland

Aug. 22 (UPI) — A federal magistrate judge released El Salvadoran Kilmar Abrego Garcia from custody Friday while he awaits trial for alleged human trafficking in Tennessee.

U.S. District Court of Middle Tennessee Magistrate Judge Barbara Holmes ordered that Garcia would not have to remain in custody while awaiting to face federal criminal charge in June, He had bee returned from El Salvador after being deported there by mistake, the government said.

Garcia “is presently en route to his family in Maryland after being unlawfully arrested and deported and then imprisoned,” said Garcia’s attorney, Sean Hecker, as reported by The Guardian.

Hecker accused the Trump administration of engaging in a “vindictive attack on a man who had the courage to fight back against the administration’s continuing assault on the rule of law.”

Garcia, 30, was heading home to rejoin his wife and two children.

He is charged with federal crimes related to alleged human trafficking, which led to his return to the United States in June after the Justice Department pressed charges against him in Tennessee.

Federal prosecutors sought to keep Garcia in custody while awaiting his federal trial in Nashville.

U.S. District Judge Waverly Crenshaw Jr. last month ruled the government did not show he is a danger to U.S. citizens or a flight risk.

“The government’s general statements about the crimes brought against Abrego, and the evidence it has in support of those crimes, do not prove Abrego’s dangerousness,” Crenshaw, an Obama appointee, said in a 37-page ruling.

His attorneys asked the court to keep Garcia in custody for 30 days after Trump administration officials said they would deport him again if he were released from custody. Holmes approved the request to prevent Garcia’s likely deportation.

A federal judge in Maryland has ordered Garcia to remain in the United States while awaiting trial, which might have negated his potential deportation.

Garcia was arrested and deported to El Salvador in March after prior court proceedings concluded that he likely is a member of the MS-13 gang and illegally entered the United States in 2011.

A federal immigration judge denied Garcia’s asylum claim in 2019, but ruled he could not be deported to El Salvador, where he has said he fears persecution from a rival 18th Street Gang, which is active in the United States.

The Trump administration in January designated MS-13 and the 18th Street Gang as foreign terrorist organizations that pose a threat to the United States.

The Trump administration acknowledged Garcia was to be deported, but said an administrative error placed him on the deportation flight to El Salvador.

The El Salvadoran government placed Garcia in its Terrorism Confinement Center prison, commonly called CECOT, amid a crackdown on gangs in that country.

His lawyers claim he was psychologically and physically tortured while in the CECOT prison.

Sen. Chris Van Hollen Jr., D-Md., visited Garcia in El Salvador in a failed attempt to return him to the United States.

A subsequent Tennessee State Police video showed a November 2022 traffic stop near Nashville in which Garcia was pulled over for speeding and did not have a valid license.

Garcia had multiple passengers who were not U.S. citizens, which raised concerns of human trafficking and related violations.

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Wrongfully deported Kilmar Abrego Garcia released from Tennessee jail | Donald Trump News

Abrego Garcia will return to family as he awaits trial over alleged human smuggling brought by Trump administration.

Kilmar Abrego Garcia, who was wrongfully deported by the administration of United States President Donald Trump, has been released from a jail in Tennessee.

Abrego Garcia was released on Friday and will rejoin his family in Maryland while he awaits the beginning of a trial based on allegations of human smuggling by the Trump administration, according to his lawyer.

The detention of Abrego Garcia, who remained held in an El Salvador prison known for abusive conditions even after the government admitted he had been mistakenly deported, became a flashpoint in the Trump administration’s push for mass deportations with little semblance of due process.

The government, faced with a court order, brought Abrego Garcia back to the US in June, despite previously claiming it had no authority to do so. Upon his return, the Trump administration announced criminal charges against him for alleged human smuggling.

Abrego Garcia, whom the Trump administration previously tried to link to the criminal group MS-13 through disproven claims, has denied the charges. His lawyers have depicted the criminal charges as a form of punishment for speaking out against his wrongful deportation and embarrassing the administration.

While he was previously cleared for pre-trial release from the Tennessee jail, his lawyers requested that he be allowed to remain there out of concern that the government would move to deport him again if he was released.

Those fears have slightly eased after a recent, separate court ruling that said the government must allow Abrego Garcia to challenge a deportation order. His lawyers filed a motion for dismissal of the criminal case, arguing that it is a form of retaliation from the government.

An immigration judge rejected Abrego Garcia’s application for asylum in 2019, but ruled that he could not be deported to El Salvador due to a “well-founded fear” of violence in that country.

The Trump administration has said that it will instead seek to deport Abrego Garcia to a third country.

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Kilmar Abrego Garcia’s lawyers ask judge to delay release from jail over deportation fears

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.

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Lawyers ask that Kilmar Abrego Garcia stay in jail to avoid US deportation | Donald Trump News

Despite being wrongly deported and returned to the US, lawyers say Abrego Garcia again faces expulsion.

Lawyers representing Kilmar Abrego Garcia have asked a judge in Tennessee to delay his release from jail, in a bid to avoid deportation.

The filing on Monday was the latest turn in the case of Abrego Garcia, who was wrongly deported to his native El Salvador by the administration of President Donald Trump in March, but later returned to the US in June following a Supreme Court order.

Abrego Garcia has been held in jail since his return, as he faces smuggling charges related to a 2022 traffic stop.

His lawyers have dismissed the charges as “preposterous” and an effort by US officials to demonise Abrego Garcia, who has become a cause celebre for opponents of Trump’s mass deportation drive.

At the same time, they believe that if Abrego Garcia is released ahead of his trial, he will be detained by immigration agents and deported, according to the Monday filing.

They requested that any release of Abrego Garcia be delayed by 30 days so he can “evaluate his options and determine whether additional relief is necessary”.

US District Judge Waverly Crenshaw Jr is expected to soon rule on whether to free Abrego Garcia, after another judge ruled he could be released as he did not pose a flight risk.

Plan to deport

The Trump administration has long maintained that Abrego Garcia, a resident of Maryland, was a member of an MS-13 gang, a claim his lawyers have said was based on faulty information.

Abrego Garcia has never been convicted of a crime or had the claims adjudicated in court.

He was among those loaded onto a deportation flight to El Salvador under the 18th-century Alien Enemies Act, which the Trump administration has argued allows for the swift deportation of alleged gang members.

Administration officials later admitted that Abrego Garcia had been wrongly deported due to an “administrative error”, as an immigration judge in 2019 had shielded Abrego Garcia from deportation to El Salvador. The judge determined he faces threats of gang violence in his home country.

Still, for several months, the administration refused to return Abrego Garcia, who came to the US in 2011 without documentation.

Trump officials have since said that the immigration judge’s 2019 order only applies to El Salvador, and have maintained that they can legally deport Abrego Garcia to a third country.

Last month, the US Supreme Court ruled the Trump administration could deport individuals to far-flung third countries, including war-torn South Sudan, until a legal challenge to the practice makes its way through the lower courts.

Abrego Garcia’s wife, meanwhile, has filed a lawsuit against the Trump administration in Maryland. His lawyers have requested that he be transferred to state custody while the criminal and civil cases proceed.

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Kilmar Abrego Garcia says he was beaten and subjected to psychological torture in El Salvador jail

Kilmar Abrego Garcia said he suffered severe beatings, severe sleep deprivation and psychological torture in the notorious El Salvador prison the Trump administration had deported him to in March, according to court documents filed Wednesday.

He said he was kicked and hit so often after arrival that by the following day, he had visible bruises and lumps all over his body. He said he and 20 others were forced to kneel all night long and guards hit anyone who fell.

Abrego Garcia was living in Maryland when he was mistakenly deported and became a flashpoint in President Trump’s immigration crackdown. The new details of Abrego Garcia’s incarceration in El Salvador were added to a lawsuit against the Trump administration that Abrego Garcia’s wife filed in Maryland federal court after he was deported.

The Trump administration has asked a federal judge in Maryland to dismiss the lawsuit, arguing that it is now moot because the government returned him to the United States as ordered by the court.

A U.S. immigration judge in 2019 had barred Abrego Garcia from being deported back to his native El Salvador because he likely faced persecution there by local gangs who had terrorized him and his family. The Trump administration deported him there despite the judge’s 2019 order and later described it as an “administrative error.” Trump and other officials have since doubled down on claims Abrego Garcia was in the MS-13 gang.

On March 15, Abrego Garcia was deported to El Salvador and sent to the country’s mega-prison known as the Terrorism Confinement Center, or CECOT.

In the new court documents, Abrego Garcia said detainees at CECOT “were confined to metal bunks with no mattresses in an overcrowded cell with no windows, bright lights that remained on 24 hours a day, and minimal access to sanitation.”

He said prison officials told him repeatedly that they would transfer him to cells with people who were gang members who would “tear” him apart. Abrego Garcia said he saw others in nearby cells violently harm each other and heard screams from people throughout the night.

His condition deteriorated and he lost more than 30 pounds in his first two weeks there, he said.

Sen. Chris Van Hollen, a Maryland Democrat, visited Abrego Garcia in El Salvador in April. The senator said Abrego Garcia reported he’d been moved from the mega-prison to a detention center with better conditions.

The Trump administration continued to face mounting pressure and a Supreme Court order to return him to the United States. When the U.S. government brought back Abrego Garcia last month, it was to face federal human smuggling charges in Tennessee.

Attorney General Pam Bondi said at the time of Abrego Garcia’s return that this “is what American justice looks like.” But Abrego Garcia’s attorneys called the charges “preposterous” and an attempt to justify his mistaken expulsion.

A federal judge in Tennessee has ruled that Abrego Garcia is eligible for release — under certain conditions — as he awaits trial on the criminal charges in Tennessee. But she has kept him in jail for now at the request of his own attorneys over fears that he would be deported again upon release.

Justice Department spokesman Chad Gilmartin told The Associated Press last month that the department intends to try Abrego Garcia on the smuggling charges before it moves to deport him again.

Separately, Justice Department attorney Jonathan Guynn told a federal judge in Maryland last month that the U.S. government plans to deport Abrego Garcia to a “third country” that isn’t El Salvador. Guynn said there was no timeline for the deportation plans. But Abrego Garcia’s attorneys cited Guynn’s comments as a reason to fear he would be deported “immediately.”

Baumann and Finley write for the Associated Press.

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Kilmar Abrego Garcia was ‘tortured’ in El Salvador prison, his lawyers say | News

New court filings detail man’s ordeal after his mistaken deportation became a flashpoint in Trump’s immigration crackdown.

Kilmar Abrego Garcia, a Salvadoran man legally residing in the US state of Maryland, whom the Trump administration mistakenly deported in a high-profile case in March, was severely beaten and subjected to psychological torture in prison there, his lawyers say.

The alleged abuse was detailed in court documents filed in Abrego Garcia’s civil lawsuit against the Trump administration on Wednesday, providing an account of his experiences following his deportation for the first time.

Abrego Garcia’s case has become a flashpoint in the US government’s controversial immigration crackdown since he was mistakenly deported to his native El Salvador in March, despite an earlier order by an immigration judge barring such a move.

According to his lawyers, Abrego Garcia fled El Salvador as a teenager to avoid gang violence, arriving in the United States around 2011. He has lived for more than a decade in Maryland, where he and his American wife are raising three children.

He was returned to the US last month and is currently locked in a legal battle with the US government, which has indicted him on charges of migrant smuggling and says it plans to deport him to a third country.

“Plaintiff Abrego Garcia reports that he was subjected to severe mistreatment upon arrival at CECOT, including but not limited to severe beatings, severe sleep deprivation, inadequate nutrition, and psychological torture,” his lawyers said in the filing, referring to the Salvadoran mega-prison known as the Terrorism Confinement Centre, or CECOT.

Severe beatings, threats

The filings, made in a civil suit in federal court against the US government brought by Abrego Garcia’s wife in Maryland, said her husband was hit and kicked so frequently upon his arrival at the prison that the next day his body was covered in lumps and bruises.

The filings also said he and other inmates were forced to kneel for nine hours straight throughout the night, or were hit by guards, in a cruel exercise of sleep deprivation.

It said prison staff repeatedly threatened to transfer Abrego Garcia to cells with gang members who would “tear” him apart, and claimed that he lost 31 pounds (14kg) in his first two weeks in jail as a result of the abuse.

‘Administrative error’

Abrego Garcia was detained by immigration officials and deported to El Salvador on March 15. Trump and US officials have accused him of belonging to the notorious MS-13 gang, which he denies.

The deportation took place despite an order from a US immigration judge in 2019, which barred Abrego Garcia from being sent back to El Salvador because he likely faced persecution there from gangs.

Abrego Garcia’s treatment gained worldwide attention, with critics of Trump’s aggressive immigration policy saying it demonstrated how officials were ignoring due process in their zeal to deport migrants. The Trump administration later described the deportation as an “administrative error”.

Last month, the US government complied with a directive from the court to return Abrego Garcia to the US, but only after having secured an indictment charging him with working with coconspirators as part of a smuggling ring to bring immigrants to the US illegally.

He is currently being detained in Nashville, Tennessee, while his criminal case is pending, having pleaded not guilty to illegally transporting undocumented immigrants.

The US government is arguing that the new civil suit is now moot, as Abrego Garcia has been returned from El Salvador. It has said it plans to deport him to a third country after he is released from custody.

Abrego Garcia a ‘criminal’ for DHS

In the wake of the latest court filings, the Trump administration doubled down on its attacks on Abrego Garcia as a dangerous illegal immigrant.

In a post on the social media platform X, the Department of Homeland Security (DHS) said the “media’s sympathetic narrative about this criminal illegal gang member has completely fallen apart”.

“Once again the media is falling all over themselves to defend Kilmar Abrego Garcia,” it said.

“This illegal alien is an MS-13 gang member, alleged human trafficker, and a domestic abuser,” DHS claimed, without providing any evidence.

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Kilmar Abrego Garcia alleges he was tortured in El Salvador prison

Senator Chris Van Hollen, D-MD, speaks with Kilmar Abrego Garcia, a Salvadoran immigrant living in Maryland and deported to El Salvador by the Trump administration, in San Salvador, El Salvador on Thursday, April 17, 2025. File photo by President Nayib Bukele/UPI | License Photo

July 3 (UPI) — Kilmar Abrego Garcia, the Maryland man who was wrongfully deported in March, alleged in court documents filed Wednesday that he was tortured in an El Salvador prison.

Lawyers for Abrego Garcia filed an amended complaint in his lawsuit against the Trump administration that outlines what happened with him after he was deported to the Central American country on March 15.

Abrego Garcia told his lawyers that he was subjected to severe mistreatment upon arrival at El Salvador’s Terrorism Confinement Center mega prison, enduring alleged severe beatings, severe sleep deprivation, inadequate nutrition and psychological torture.

“Welcome to CECOT. Whoever enters here doesn’t leave,” a prison official told the detainees, including Abrego Garcia, who recounted his ordeal to his lawyers.

Abrego Garcia alleged that he was forced to strip and issued prison clothing while authorities kicked him in the legs with boots and hit him on the head and arms to make him change clothes faster. His head was then shaved and he was marched to a cell while he was struck by wooden batons along the way.

“By the following day, plaintiff Abrego Garcia had visible bruises and lumps all over his body,” the lawyers wrote in the court documents.

The detainees were then allegedly forced to kneel for around nine hours overnight as guards beat anyone who fell from exhaustion. “Abrego Garcia was denied bathroom access and soiled himself,” his lawyers wrote.

Later, authorities separated detainees who had visible gang-related tattoos from those who did not. Still, Abrego Garcia was threatened with being sent to the cells where alleged gang members would “tear” him apart.

Abrego Garcia lost 31 pounds in the first two weeks of his detention and he was eventually transferred to another prison in Santa Ana, El Salvador.

The latest court documents also lay into the Trump administration for its actions since Abrego Garcia was wrongfully deported, including defiance of orders by a federal judge to bring him back to the United States until he was abruptly returned in early June.

Abrego Garcia, 29, was returned to last month to face two federal charges in Tennessee related allege migrant smuggling.

He is currently being held in Nashville.

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