Activists celebrated the release of Kilmar Ábrego García, who was arrested by Immigration and Customs Enforcement (ICE) agents in Baltimore on Monday. He checked in to the agency as part of his ongoing criminal case that centers around his immigration status. This incident comes on the heels of that report. García, who has faced serious allegations regarding his affiliations and actions, remains in a precarious position as he navigates the U.S. immigration system.
García came to the United States without legal authorization as a teen around 2011, escaping rampant gang violence in El Salvador. First protected by a federal court order against deportation, he has been de facto deported ever since, up against legal obstacle after legal obstacle. In light of his longstanding and stormy relationship with U.S. immigration authorities, he was just recently re-arrested. This includes an earlier deportation attempt, one that the Trump administration eventually labeled an “administrative error.”
García experienced both physical and psychological torture while previously detained at El Salvador’s Terrorism Confinement Center (Cecot). His attorneys first brought these abuses to light in court documents filed back in July. His legal team argues vigorously against the purported evidence of his connection to the dangerous MS-13 gang. This is not the first time that officials have made such claims.
Simon Sandoval-Moshenberg, García’s attorney noted the punitive burden of his recent detention.
“The only reason he was taken into detention was to punish him.” – Simon Sandoval-Moshenberg
García’s legal battles are far from over. He fought against this fate and recently rejected an offer for deportation back to Costa Rica in return for a guilty plea on human smuggling charges. His attorneys vociferously call these counts “outrageous.” They contend that the claims are meritless and aimed exclusively at damaging his legal position in the U.S.
After almost a month in immigration detention, in June federal immigration officials returned García to El Salvador, only to charge him with crimes upon his return. Now, he’s at risk of being deported back to Uganda – a new twist on an already complicated and tragic tale. His own criminal trial is set to start in January.
On Monday morning, García’s legal representatives responded by filing a new lawsuit. They are doing so by challenging both his possible deportation to Uganda and his present detention. As the case progresses, García’s future remains uncertain. His rights are under relentless assault and his attorneys are bravely fighting for those rights and for his freedom.