african country

WASHINGTON — Kilmar Abrego Garcia, whose case has come to encapsulate much of President Trump’s hard-line immigration agenda, wants to seek asylum in the United States, his lawyers told a federal judge Wednesday.

Abrego Garcia, 30, was detained Monday by U.S. Customs and Immigration Enforcement in Baltimore after leaving a Tennessee jail on Friday. The Trump administration said it intends to deport him to the African country of Uganda.

Administration officials have said he’s part of the dangerous MS-13 gang, an allegation Abrego Garcia denies.

The Salvadoran national’s lawyers are fighting the deportation efforts in court, arguing he has the right to express fear of persecution and torture in Uganda. Abrego Garcia has also told immigration authorities he would prefer to be sent to Costa Rica if he must be removed from the U.S.

A request for asylum in 2019

A U.S. immigration judge denied his request for asylum in 2019 because he applied more than a year after he had fled to the U.S. He left El Salvador at the age of 16, around 2011, to join his brother, who had become a U.S. citizen and was living in Maryland.

Although he was denied asylum, the immigration judge did issue an order shielding Abrego Garcia from deportation to El Salvador because he faced credible threats of violence from a gang there that had terrorized him and his family. He was granted a form of protection known as “withholding of removal,” which prohibits him from being sent to El Salvador but allows his deportation to another country.

Following the 2019 ruling, Abrego Garcia was released under federal supervision and continued to live with his American wife and children in Maryland. He checked in with ICE each year, received a federal work permit and was working as a sheet metal apprentice earlier this year, his lawyers have said.

But in March, the Trump administration deported Abrego Garcia to a notorious El Salvador prison, alleging he was a member of MS-13.

The allegation stems from a day in 2019 when Abrego Garcia sought work as a day laborer at a Home Depot in Maryland. Authorities had been told by a confidential informant that Abrego Garcia and other men could be identified as members of MS-13 because of their clothing and tattoos. He was detained by police, but Abrego Garcia was never charged — and has repeatedly denied the allegation. He was turned over to ICE and that’s when he applied for asylum for the first time.

Wrongful deportation and return

The Trump administration’s deportation of Abrego Garcia in March violated the immigration judge’s 2019 order barring his removal to El Salvador. Abrego Garcia’s wife sued to bring him back. Facing mounting pressure and a U.S. Supreme Court order, the Trump administration returned Abrego Garcia to the U.S. in June, where he was charged with human smuggling, a federal offense.

Abrego Garcia is accused of taking money to transport people who were in the country illegally. He has pleaded not guilty and asked the judge to dismiss the case, saying it was filed to punish him for challenging his deportation.

The charges stem from a 2022 traffic stop for speeding in Tennessee. There were nine passengers in the SUV and Abrego Garcia had $1,400 in cash on him. While officers discussed among themselves their suspicions of smuggling, he was allowed to drive away with only a warning.

A Homeland Security agent testified that he didn’t begin investigating until this April, when the government was facing mounting pressure to return Abrego Garcia to the U.S. The trial is set for January.

A federal judge in Tennessee released Abrego Garcia from jail on Friday after ruling that he was not a flight risk or a danger. The Trump administration moved to deport Abrego Garcia again on Monday, alleging he is a danger.

Abrego Garcia then stated his intent to reopen his immigration case in Maryland and to seek asylum again, his lawyers said Wednesday. Asylum, as defined under U.S. law, provides a green card and a path to citizenship. Abrego Garcia can still challenge his deportation to Uganda, or any other country, on grounds that it is unsafe.

Abrego Garcia’s lawyers say sending him to Uganda would be punishment for successfully fighting his deportation to El Salvador, refusing to plead guilty to the smuggling charges and for seeking release from jail in Tennessee.

Judge keeps Abrego Garcia in the U.S., for now

Abrego Garcia’s attorneys have filed a federal lawsuit to ensure that he can exercise his constitutionally protected right to fight deportation. He is entitled to immigration court proceedings and appeals, his lawyers say.

U.S. District Judge Paula Xinis in Maryland, who is overseeing the lawsuit, has ruled that the U.S. government cannot remove Abrego Garcia from the country as the lawsuit plays out.

Justice Department attorney Drew Ensign said the government disagrees with the court’s order not to remove him while the lawsuit is pending but that it will comply.

Xinis will not rule on whether Abrego Garcia receives asylum or is deported, but will determine whether he can exercise his right to contest deportation. His asylum case will be heard by a U.S. immigration judge, who is employed by the Department of Justice under the authority of the Trump administration.

The nation’s immigration courts have become a key focus of Trump’s hard-line immigration enforcement efforts. The president has fired more than 50 immigration judges since he returned to the White House in January.

Abrego Garcia’s lawyers have said he’ll be able to appeal immigration court rulings to the U.S. Court of Appeals.

Kunzelman and Finley write for the Associated Press. Finley reported from Norfolk, Va. AP writer Elliot Spagat contributed to this report.

CAPE TOWN, South Africa — The United States sent five migrants it describes as “barbaric” criminals to the African nation of Eswatini in an expansion of the Trump administration’s largely secretive third-country deportation program, the U.S. Department of Homeland Security said Tuesday.

The U.S. has already deported eight men to another African country, South Sudan, after the Supreme Court lifted restrictions on sending people to countries where they have no ties. The South Sudanese government has declined to say where those men, also described as violent criminals, are after it took custody of them nearly two weeks ago.

In a late-night post on X, Homeland Security Assistant Secretary Tricia McLaughlin said the five men sent to Eswatini, who are citizens of Vietnam, Jamaica, Cuba, Yemen and Laos, had arrived on a plane, but didn’t say when or where.

She said they were all convicted criminals and “individuals so uniquely barbaric that their home countries refused to take them back.”

The men “have been terrorizing American communities” but were now “off of American soil,” McLaughlin added.

McLaughlin said they had been convicted of crimes including murder and child rape and one was a “confirmed” gang member. Her social media posts included mug shots of the men and what she said were their criminal records and sentences. They were not named.

It was not clear if the men had been deported from prison or if they were detained in immigration operations, and the Department of Homeland Security and U.S. Immigration and Customs Enforcement didn’t immediately respond to requests for clarification.

Four of the five countries where the men are from have historically been resistant to taking back some citizens when they’re deported from the U.S. That issue has been a reoccurring problem for Homeland Security even before the Trump administration. Some countries refuse to take back any of their citizens, while others won’t accept people who have committed crimes in the U.S.

Like in South Sudan, there was no immediate comment from Eswatini authorities over any deal to accept third-country deportees or what would happen to them in that country. Civic groups there raised concerns over the secrecy from a government long accused of clamping down on human rights.

“There has been a notable lack of official communication from the Eswatini government regarding any agreement or understanding with the U.S. to accept these deportees,” Ingiphile Dlamini, a spokesperson for the pro-democracy group SWALIMO, said in a statement sent to The Associated Press.

It wasn’t clear if they were being held in a detention center, what their legal status was or what Eswatini’s plans were for the deported men, he said.

An absolute monarchy

Eswatini, previously called Swaziland, is a country of about 1.2 million people between South Africa and Mozambique. It is one of the world’s last remaining absolute monarchies and the last in Africa. King Mswati III has ruled by decree since 1986.

Political parties are effectively banned and pro-democracy groups have said for years that Mswati III has crushed political dissent, sometimes violently.

Pro-democracy protests erupted in Eswatini in 2021, when dozens were killed, allegedly by security forces. Eswatini authorities have been accused of conducting political assassinations of pro-democracy activists and imprisoning others.

Because Eswatini is a poor country, it “may face significant strain in accommodating and managing individuals with complex backgrounds, particularly those with serious criminal convictions,” Dlamini said.

While the U.S. administration has hailed deportations as a victory for the safety and security of the American people, Dlamini said his organization wanted to know the plans for the five men sent to Eswatini and “any potential risks to the local population.”

U.S. is seeking more deals

The Trump administration has said it is seeking more deals with African nations to take deportees from the U.S. Leaders from some of the five West African nations who met last week with President Trump at the White House said the issue of migration and their countries possibly taking deportees from the U.S. was discussed.

Some nations have pushed back. Nigeria, which wasn’t part of that White House summit, said it has rejected pressure from the U.S. to take deportees who are citizens of other countries.

The U.S. also has sent hundreds of Venezuelans and others to Costa Rica, El Salvador and Panama, but has identified Africa as a continent where it might find more governments willing to strike deportation agreements.

Rwanda’s foreign minister told the AP last month that talks were underway with the U.S. about a potential agreement to host deported migrants. A British government plan announced in 2022 to deport rejected asylum-seekers to Rwanda was ruled illegal by the U.K. Supreme Court last year.

‘Not a dumping ground’

The eight men deported by the U.S. to war-torn South Sudan, where they arrived early this month, previously spent weeks at a U.S. military base in nearby Djibouti, located on the northeast border of Ethiopia, as the case over the legality of sending them there played out.

The deportation flight to Eswatini is the first to a third country since the Supreme Court ruling cleared the way.

The South Sudanese government has not released details of its agreement with the U.S. to take deportees, nor has it said what will happen to the men. A prominent civil society leader there said South Sudan was “not a dumping ground for criminals.”

Analysts say some African nations might be willing to take third-country deportees in return for more favorable terms from the U.S. in negotiations over tariffs, foreign aid and investment, and restrictions on travel visas.

Imray and Gumede write for the Associated Press. Gumede reported from Johannesburg. AP writer Rebecca Santana in Washington contributed to this report.