Abrego Garcia’s lawyers filed an emergency motion in August to reopen the case to cancel the deportation order claiming that since he was deported to El Salvador, but quickly brought back, he is eligible to claim asylum within one year of his last entry to the United States, ABC News reported.
But Regional Deputy Chief Immigration Judge Philip Taylor ruled Wednesday that Abrego Garcia already filed his original asylum claim nearly six years after his first immigration hearing, a period long outside the legal 90-day deadline from his arrival in the country in 2011.
Judge Taylor went on to say that there is no evidence that Abrego Garcia’s life is under threat should he deported back to El Salvador and pointed out there is no evidence that El Salvadoran officials have labeled Garcia a member of the terror gang MS-13, despite the label being applied to him by American officials.
Abrego Garcia’s attorneys also objected to the government’s warning that he could be deported to Uganda, Eswatini, or other nations, but Judge Taylor ruled that there is “insufficient evidence” that such a move has been predetermined, even though federal officials sent his lawyers a letter saying he may be deported to an African nation.
“The word ‘may’ is permissive and indicates to the Court that in sending this notification to Respondent’s counsel, the Department sought to convey that it reserved the right to remove him to Uganda,” the judge wrote in his ruling, “not necessarily that it intended to do so, that it had decided to do so, or that it would do so imminently,” .
The Department of Homeland Security (DHS) posted a message to X announcing that Abrego Garcia’s final deportation order is now confirmed.
“With today’s ruling, Kilmar Abrego Garcia’s final order of removal stands,” the post reads.
“This MS-13 gang member, human trafficker, domestic abuser, and child predator will never be loose on American streets. …This Salvadoran man is not going to be able to remain in our country. He will never be allowed to prey on innocent Americans again,” DHS’s post continued.
The post also blasted the many Democrats in Congress who used Garcia to make political hay.
“Never forget the Democrats flew to a foreign land on the US taxpayer’s dime to break bread with this terrorist gang member and visit him in prison. While they continue to fight for criminal illegal aliens, we will continue to put the safety of the American people FIRST,” the post concluded.
Abrego Garcia shot to minor fame when the media rushed to his defense, infamously calling him a “Maryland man,” after he was arrested by ICE in March. He has been living in the U.S. illegally since 2011 and was designated an MS-13 gang member by federal officials based on his arrest record. Despite living in the United States for more than a decade, he still cannot speak English. He was deported to El Salvador but in April, the U.S. Supreme Court ordered the administration to facilitate his return to the United States.
Several elected Democrats flew to El Salvador for photo ops with Abrego Garcia. Maryland Democrat Senator Chris Van Hollen, for one, was seen in video having a snack with Abrego Garcia when he flew to El Salvador to advocate for the illegal immigrant.
He was released back into the United States, but faced a final deportation order, which his lawyers have been fighting.
Throughout the ordeal, the Trump administration said its goal was to deport Abrego Garcia. In August, Trump border czar Tom Homan vowed that Abrego Garcia “will be deported.”
Homan insisted that Abrego Garcia is a “gang member, human trafficker, wife beater, child predator and criminal illegal alien. He’s a significant public safety threat … He’s a gang member, designated terrorist, and he’s been ordered removed by two different federal judges,” Homan said. “He’s been indicted for human trafficking and alien smuggling. He’s a bad man. And I’m telling you, listen, I’m giving you my word. He will be deported from this country. I got my teeth in this thing. I’m not letting it go.”
Follow Warner Todd Huston on Facebook at: Facebook.com/Warner.Todd.Huston, Truth Social @WarnerToddHuston, or at X/Twitter @WTHuston
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