By BEN FINLEY
The Trump administration is combating Kilmar Abrego Garcia ‘s bid to apply for asylum in the United States, arguing that he’s ineligible as a member of the MS-13 gang.
The Division of Homeland Safety on Friday launched immigration courtroom paperwork that define its arguments towards Abrego Garcia making use of for asylum or receiving it.
A major argument is that Abrego Garcia is a member of a chosen overseas terrorist group, MS-13, an allegation that Abrego Garcia denies and for which he hasn’t been charged.
Abrego Garcia, 30, turned a flashpoint over President Donald Trump’s immigration insurance policies when he was wrongfully deported to his native nation of El Salvador in March. The U.S. returned him in June, however solely to face federal human smuggling in Tennessee, which his attorneys have known as preposterous and vindictive. He has pleaded not responsible.
Abrego Garcia filed a movement in Baltimore immigration courtroom final month to reopen his 2019 immigration case and apply for asylum once more. He was denied the primary time as a result of his request got here greater than a yr after he arrived within the U.S.
Abrego Garcia had fled threats of gang violence in his native El Salvador round 2011 to affix his brother in Maryland. And whereas his first asylum request was denied, he was granted safety from deportation to El Salvador as a result of he had established a well-founded worry of gang violence there.
Abrego Garcia was launched in 2019 below federal supervision and continued to reside together with his American spouse and youngsters. He checked in with ICE annually, obtained a federal work allow and was working as a sheet metallic apprentice earlier this yr, his attorneys have stated.
Immigration specialists have stated that Abrego Garcia’s new asylum software may result in a inexperienced card and a path to citizenship. However by reopening his 2019 case, he additionally dangers being despatched again to El Salvador.
The Trump administration said in courtroom paperwork this week that it could pursue returning him to his native nation if he efficiently reopens his earlier immigration case.
“Kilmar Abrego Garcia’s lawyers are playing with fire,” the Division of Homeland Safety stated in an announcement on Friday. It added: “As a member of a designated foreign terrorist organization, MS-13, he is no longer eligible for his previous immigration relief.”
Abrego Garcia and his attorneys have repeatedly denied the MS-13 allegation. It stems from a day in 2019 when he was detained by native police in Prince George’s County, Maryland.
Abrego Garcia had arrived outdoors a Residence Depot seeking work as a day laborer, in response to courtroom paperwork. Authorities had been informed by a confidential informant that Abrego Garcia and different males outdoors the shop could possibly be recognized as members of MS-13 due to their clothes and tattoos.
Abrego Garcia was by no means charged. He was turned over to U.S. Immigration and Customs Enforcement and subsequently utilized for asylum and finally obtained safety from being deported to El Salvador.
In February, the Trump administration designated MS-13 to be a overseas terrorist group and wrongfully deported Abrego Garcia to a infamous El Salvador jail, the place he claims he was overwhelmed and psychologically tortured. El Salvador’s president, Nayib Bukele, has denied these allegations.
Simon Sandoval-Moshenberg, Abrego Garcia’s lead immigration legal professional, stated in an announcement Friday that Abrego Garcia would seemingly get asylum if he will get a good trial.
“The only reason he was denied asylum in 2019 was because he did not file within one year of entering the United States, a problem which the government has now solved,” Sandoval-Moshenberg stated. “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 for asylum.”
