Trump Administration Plans to Deport Kilmar Abrego Garcia to Eswatini

The Trump administration has declared its intention to deport Kilmar Abrego Garcia to Eswatini, a small African country formerly known as Swaziland, as per a communication from Immigration and Customs Enforcement (ICE) obtained by CBS News.

Abrego Garcia's legal representatives have indicated that he has expressed fear of persecution or torture if sent to Uganda. Just last month, immigration authorities attempted to deport him there but were met with resistance due to these concerns.

In the same ICE correspondence, it was highlighted that Abrego Garcia has professed fears of danger in over 20 countries, predominantly in Latin America. These claims were met with skepticism by ICE officials, yet nonetheless, they have decided on Eswatini as the target for his deportation.

CBS News has contacted both Abrego Garcia’s legal team and his representatives to discuss the administration's plan to deport him to Eswatini.

Eswatini is not the first destination the Trump administration has considered for Abrego Garcia, originally from El Salvador. He was mistakenly deported previously, detained in a harsh Salvadoran prison, and brought back to the U.S., where he faces federal charges related to smuggling.

Known for its absolute monarchy, Eswatini has cooperated with the U.S. in accepting deportees who are not citizens of Eswatini itself. Earlier this year, individuals from Asia and Latin America, convicted of violent offenses, were deported there.

Legal Challenges and Asylum Petitions

Released from pre-trial detention last month, Abrego Garcia encountered immediate re-arrest by ICE officials during a routine check-in in Baltimore, sparking moves for his deportation to Uganda. His lawyers have opposed this step, resulting in tentative proposals for relocation to Costa Rica, contingent upon acceptance of culpability in his smuggling case.

However, on Thursday, federal authorities proposed a potential legal route to return Abrego Garcia to El Salvador, notwithstanding a 2019 ruling that placed protective measures against such a scenario due to gang-related threats.

Despite these prior rulings, Abrego Garcia was sent back to El Salvador inadvertently this past March. Senior officials in the Trump administration warned that if Abrego Garcia’s immigration case is reopened, it could inadvertently facilitate his return to El Salvador.

Currently housed in ICE detention in Virginia, Abrego Garcia's legal team continues to contest both his criminal allegations and the ongoing deportation processes. A Maryland federal judge has temporarily halted his possible deportation to Uganda.

Pursuit of Asylum in the United States

Amidst these legal battles, Abrego Garcia is pursuing asylum in the U.S. owing to fears of persecution in his home country. His legal team argues against claims linking him to MS-13, labeled a terrorist group, and challenges concerning his smuggling charges and previous domestic allegations.

Abrego Garcia has continuously repudiated any association with MS-13 and defended himself against the smuggling charges, labeling them as wrongful pursuits. Despite a previous domestic violence accusation from his now wife, he faced no criminal repercussions as she retracted the claim.

His lawyer, Simon Sandoval-Moshenberg, contends that if given a fair hearing in immigration courts, Abrego Garcia’s asylum plea will likely succeed. He cites past mistreatment in El Salvador’s dreaded prison as a basis for his client's asylum claim.