Mistaken Deportation of Kilmar Abrego Garcia Sparks Legal Battle

Tue Dec 16 2025 14:58:43 GMT+0200 (Eastern European Standard Time)

Kilmar Abrego Garcia, a Salvadoran national, finds himself at the center of a contentious immigration issue after being wrongfully deported to El Salvador. His family hopes for justice as legal proceedings continue.

Kilmar Abrego Garcia, representing a tragic case of mistaken deportation, has become emblematic of the ongoing struggles surrounding U.S. immigration policies. With claims of wrongful imprisonment and mistreatment in El Salvador, Garcia's story raises critical questions about asylum claims and government actions. Despite recent legal victories, justice remains a distant aspiration for him and his family.

FAIRFAX, Virginia (AP) — Kilmar Abrego Garcia wasn’t an activist and he didn’t choose to become a focal point in one of the most contentious immigration controversies of the Trump administration, his lawyer stated on Monday.

Still, experiencing some of the rare moments he has had with his family since being mistakenly imprisoned in El Salvador in March, he continues to hope for a just resolution to his case.

“He’s been through a lot, and he’s still fighting,” his lawyer Simon Sandoval-Moshenberg told The Associated Press after Abrego Garcia’s court-ordered release from detention last week. “What he can fight for is limited by the law and by the vast power of the U.S. government, but he’s still fighting.”

Abrego Garcia’s wrongful deportation popularly mobilized opposition to President Donald Trump’s immigration policies after being detained in a notorious prison despite having no criminal background.

U.S. officials accused him of being a member of the MS-13 gang, which he denies and was never charged for. He later faced allegations of human smuggling, which his legal representatives have deemed unfounded.

Throughout this ordeal, the Trump administration resisted efforts to bring him back to the U.S. yet eventually complied. The complexity of his case, characterized by a series of legal battles, includes a recent temporary release on a weekend while the government pursues smuggling charges and has attempted to deport him to various African nations.

A federal district court judge in Maryland prohibited his re-detention until a forthcoming hearing can be held in his case, possibly scheduled for this week, according to Sandoval-Moshenberg.

Challenges persist as the Department of Homeland Security criticized the ruling, accusing the judge of “naked judicial activism.” Abrego Garcia faces numerous avenues for his future—he may pursue an asylum claim, apply for a green card through marriage to an American, or request deportation to Costa Rica, a country that has offered him refuge away from El Salvador.

Sandoval-Moshenberg expressed concerns over the government’s aggressive stance, stating, “They’re focused on beating him. They’re focused on punishing him. They’re focusing on making him miserable.” Ultimately, Abrego Garcia’s foremost objective is to avoid returning to CECOT, the prison in El Salvador where he allegedly suffered abuse, a claim denied by the local authorities.

Sandoval-Moshenberg terming Garcia a “random guy,” highlighted the unpredictability of the government’s legal tactics in a case marked by severe twists and turns.

The upcoming court hearing may be pivotal for Abrego Garcia, whose experience exemplifies the individual struggle against systemic issues within the U.S. immigration system.