Kilmar Abrego Garcia declared ineligible for asylum by the Trump administration.

The Trump administration is currently engaged in a legal battle concerning the asylum application of Kilmar Abrego Garcia, a former member of the notorious MS-13 gang, as classified by U.S. authorities. The Department of Homeland Security (DHS) asserts that Abrego Garcia is ineligible for asylum due to his alleged association with this designated foreign terrorist organization. This accusation, however, is vehemently denied by Abrego Garcia, who has not been formally charged with any gang-related crimes.

Abrego Garcia’s situation has garnered significant attention, particularly after a controversial deportation to his native El Salvador in March 2020. He was returned to the U.S. in June of the same year, only to face charges of federal human smuggling in Tennessee—an allegation that his legal team has characterized as both absurd and vindictive. Abrego Garcia has pleaded not guilty to these charges.

In August, he filed a motion to reopen his 2019 immigration case in a Baltimore immigration court, seeking another opportunity to apply for asylum. This request comes after his initial application was denied on the grounds that it was submitted more than one year after his arrival in the United States. Notably, Abrego Garcia fled El Salvador around 2011 due to severe threats of violence from gangs, ultimately joining his brother in Maryland. While his first asylum request was dismissed, he was granted temporary protection from deportation based on credible fears regarding gang violence in his home country.

Since 2019, Abrego Garcia has lived under federal supervision, cohabitating with his American wife and children. Throughout this period, he has adhered to legal protocols, checking in with Immigration and Customs Enforcement (ICE) annually and previously working as a sheet metal apprentice.

Legal experts have posited that a successful reopening of his case could lead to a green card and a pathway to U.S. citizenship for Abrego Garcia. However, this move also exposes him to the risk of deportation back to El Salvador. The Trump administration has made it clear in court filings that it will seek to return him to his home country if the case is reopened.

DHS has expressed serious concerns regarding the implications of Abrego Garcia’s legal maneuvers. Officials have underscored the risks he faces due to his alleged MS-13 affiliation, asserting that his prior immigration relief is no longer valid.

The allegations against Abrego Garcia stem from a 2019 incident where he was approached by police outside a Home Depot in Maryland while seeking work. A confidential informant claimed that he and others present were identifiable as MS-13 members based on their attire and tattoos, though no charges were ever filed against him following this encounter.

In February 2020, the Trump administration formally designated MS-13 as a foreign terrorist organization, a classification that has intensified the scrutiny on Abrego Garcia and similar cases. After his wrongful deportation, he endured severe mistreatment in an El Salvadoran prison, claiming instances of physical abuse and psychological torture—a claim that the Salvadoran government has since refuted.

Simon Sandoval-Moshenberg, Abrego Garcia’s attorney, has expressed confidence that a fair hearing would favor his client’s asylum request, arguing that the previous denial stemmed solely from procedural timing. Legal advocates maintain that, should Abrego Garcia receive equitable treatment in court, his prospect for asylum remains strong.

As the case unfolds, the implications of this legal battle extend beyond Abrego Garcia, reflecting broader tensions within U.S. immigration policy and the complexities surrounding gang affiliations. Media News Source will continue to provide updates on this evolving story.