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WASHINGTON — 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.

NASHVILLE, Tenn. — 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.