An immigration judge has upheld the final deportation order for Kilmar Abrego Garcia, an alleged MS-13 gang member and accused human trafficker, after rejecting his attorneys’ motion to reopen the case. The ruling by Judge Philip P. Taylor came following a prolonged legal battle over Garcia’s removal from the United States.
Garcia, who faces federal charges in Tennessee related to human trafficking, had argued that he should be allowed to remain in the country due to fears of persecution in El Salvador, where he was previously deported. His attorneys claimed he could face torture or death upon return, citing his alleged gang affiliation. However, Taylor dismissed these claims, stating the evidence presented was insufficient and that Garcia’s motion to reopen the case was “untimely,” filed more than six years after his initial illegal entry into the U.S.
The judge noted that while Garcia was interrogated about his alleged MS-13 ties during a prior deportation, there was no indication of mistreatment or direct threats from Salvadoran authorities. He also emphasized that the Department of Homeland Security’s notification to Garcia’s counsel regarding potential deportation to Uganda used the word “may,” which he interpreted as non-binding and not indicative of imminent action.
Garcia could now be deported to Uganda, Eswatini, or Costa Rica, though officials have not specified a final destination. The case has drawn scrutiny over the handling of immigration cases involving alleged gang members, with critics highlighting the challenges of enforcing deportation orders for individuals linked to violent organizations.
The Department of Homeland Security confirmed that Garcia’s removal order remains in effect, stating he will not be permitted to “prey on innocent Americans again.” The outcome underscores ongoing debates over immigration enforcement and the risks posed by individuals with ties to criminal networks.