Listen to the article
Kilmar Abrego Garcia wasn’t seeking to become entangled in one of the Trump administration’s most contentious immigration battles, his lawyer told The Associated Press on Monday. Yet after months of detention, deportation, and legal battles, he now finds himself at the center of a high-profile case that has drawn national attention.
“He’s been through a lot, and he’s still fighting,” said attorney Simon Sandoval-Moshenberg in an interview following Abrego Garcia’s court-ordered release from detention last week. “What it is he can fight for is circumscribed by the law and by the great power of the United States government, but he’s still fighting.”
Abrego Garcia, a Salvadoran national, became a focal point in immigration debates after his mistaken deportation to El Salvador in March. Despite having no criminal record, he was held in a notoriously brutal prison there after U.S. officials claimed he was an MS-13 gang member—allegations he denies and was never charged for. He was later accused of human smuggling, charges his lawyers have dismissed as “preposterous and vindictive.”
The case has followed a tortuous legal path since then. The Trump administration initially fought efforts to return him to the United States but eventually complied. Since March, Abrego Garcia has been released from detention only once—for a single weekend—while the government continued pursuing smuggling charges against him and announced plans to deport him to various African countries.
Last week marked a significant development when a federal district court judge in Maryland ordered his release and temporarily barred the government from detaining him again until a hearing in his case, which could occur as early as this week.
The Department of Homeland Security swiftly criticized the decision, calling it “naked judicial activism” by an Obama-appointed judge, and vowed to appeal. When contacted on Monday, DHS declined to comment, citing court-imposed restrictions on public statements.
Sandoval-Moshenberg outlined several potential paths forward for his client. One option is pursuing asylum, which the lawyer believes presents a strong case. Abrego Garcia’s original asylum claim in 2019 was rejected because he applied after the one-year deadline, but Sandoval-Moshenberg argues the government effectively reset this timeline by removing him to El Salvador and then bringing him back.
“After the alleged abuse he suffered in El Salvador this year, he would have a ‘rock solid’ asylum case,” Sandoval-Moshenberg said. However, given how Abrego Garcia has become a symbol for the administration’s immigration policies, the attorney expressed concern about his chances for a fair trial in immigration court.
“I think they’ve already shown that they’re willing to stack the deck,” he noted.
Another possibility is applying for a green card through his marriage to an American citizen, but this would require obtaining a government waiver—something Sandoval-Moshenberg doubts would be granted under current circumstances.
A third option involves removal to Costa Rica, which has offered to accept Abrego Garcia as a refugee with legal residence and work authorization. This would prevent his return to El Salvador, but Sandoval-Moshenberg believes the government would fight this solution as well.
“They’re focused on beating him. They’re focused on punishing him. They’re focusing on making him miserable. I guess Costa Rica isn’t miserable enough,” he said.
Sandoval-Moshenberg spent time with Abrego Garcia and his family over the weekend, discussing potential government actions and future options. While true justice for his client would mean remaining with his family in the United States, the attorney acknowledged the political realities.
“Given everything he’s faced and the fact that they’re apparently willing to use infinite prosecutorial resources against him, deportation to Costa Rica is an acceptable outcome for him,” Sandoval-Moshenberg explained.
What remains absolutely clear is what Abrego Garcia wants to avoid: “His number one priority is not to end up back in CECOT,” Sandoval-Moshenberg said, referring to the Salvadoran prison where his client was held. Abrego Garcia claims he was tortured there—allegations Salvadoran authorities have denied and that the AP could not independently verify.
The intense government focus on this case puzzles Sandoval-Moshenberg, who noted that his client is not an activist or high-profile figure. “He’s a random guy,” the attorney said, describing the entire ordeal as “this really sort of bizarre, out of world experience for him.”
The temporary judicial protection from detention granted last Friday provides a brief reprieve, but with another court hearing potentially coming within days, the uncertainty continues for Abrego Garcia and his family.
“The ground underneath his feet, it’s just earthquake after earthquake,” Sandoval-Moshenberg said.
Fact Checker
Verify the accuracy of this article using The Disinformation Commission analysis and real-time sources.
12 Comments
This case is a stark reminder of the human consequences of flawed immigration policies and enforcement. I hope Abrego Garcia is able to find justice and that his case prompts a thorough review of procedures to prevent such egregious errors in the future.
Absolutely. The government’s treatment of Abrego Garcia is unacceptable and a violation of his basic rights. He deserves a full apology, compensation, and assurances that such injustices will not be repeated.
While immigration is a complex and contentious issue, wrongful deportations like this undermine public trust. The government should prioritize accuracy and due process to protect the rights of all, citizens and non-citizens alike.
I agree, the government’s actions in this case are deeply troubling. Abrego Garcia deserves a full apology and compensation for the trauma he’s endured.
This is a stark reminder of the human consequences of flawed immigration policies and practices. I hope Abrego Garcia is able to find justice and that his case leads to meaningful reforms to prevent such wrongful deportations in the future.
Absolutely. The government needs to be held accountable and ensure proper safeguards are in place to protect the rights of all individuals, regardless of immigration status.
This is a tragic case of mistaken identity and wrongful deportation. Abrego Garcia deserves justice and compensation for the ordeal he’s been through. The government needs to be held accountable for such egregious errors that ruin innocent lives.
Absolutely, the government’s treatment of Abrego Garcia is shameful. They need to make this right and ensure proper safeguards are in place to prevent such injustices in the future.
Wrongful deportations like this are unacceptable and violate basic human rights. I hope Abrego Garcia is able to find justice and that his case prompts a thorough review of immigration enforcement practices.
This is a deeply troubling case that highlights the need for greater oversight and accountability in the immigration system. The government owes Abrego Garcia a sincere apology and compensation for the harm done.
While immigration is a complex issue, the government’s treatment of Abrego Garcia is clearly a grave injustice. I hope his case leads to meaningful reforms to protect the rights of all individuals, regardless of their immigration status.
Agreed. Wrongful deportations like this undermine the rule of law and public trust in the government. Abrego Garcia deserves justice and the government must be held accountable.