A major update has been released regarding the man who was 'accidentally' deported from the United States to El Salvador before being threatened with deportation once again just a day after release.
Back in March, the Trump administration admitted to 'mistakenly' deporting Kilmar Armando Ábrego García, a Maryland father with legal status - it was only raised after García's wife identified him in a photograph of detainees entering intake at the Terrorism Confinement Center (CECOT) - El Salvador's notorious maximum security prison.
García fled hostility in his home country of El Salvador over a decade ago, starting a new life in the US where he was eventually granted protected status by an immigration judge in 2019 - prohibiting the government from sending him back - and moved to Maryland, where he met and married Jennifer Vasquez Sura, an American citizen.
Maryland father Kilmar Armando Ábrego García was 'mistakenly' deported to El Salvador back in March (Andrew Harnik/Getty Images) The two are also parents to their five-year-old disabled son.
This order appeared to have been missed by Immigration and Customs Enforcement (ICE) when the Salvadoran national, in mid-March, was put on a plane to his home country headed for CECOT prison.
A senior ICE official later claimed in a court declaration that the decision to arrest and subsequently deport García was 'due to his prominent role in MS-13'.
MS-13 - originally known as the Mara Salvatrucha - is an international criminal gang, originally set up in the 80s to protect Salvadoran immigrants from Los Angeles criminal groups.
García's attorney, Simon Sandoval-Moshenberg, has insisted that he’s not a member of nor has any ties to the gang in question, and has no criminal record in the US.
Now, despite admitting to deporting him by 'accident', the Justice Department went on to claim it couldn't help in bringing García back to the States, insisting both that Trump's 'primacy in foreign affairs' outweighs the case in question, and that El Salvador cannot be compelled to return him.
A federal judge has now blocked the deportation of García until after an 6 October evidentiary hearing (The Washington Post / Contributor / Getty Images) Last week (22 August) following several months of appeals, García was finally released from federal detention, where he's been since March.
However, he could be moved again in the coming weeks, according to a new complaint filed by his lawyers.
The dad-of-one has since been charged with conspiring to transport illegal immigrants into the US as part of an indictment filed in federal court in Tennessee.
His lawyers also say that, while being told his charges, 29-year-old García was threatened by the ICE with further deportation to Uganda.
The latest update has now seen a federal judge block the deportation of García until a evidentiary hearing on 6 October.
Judge Paula Xinis will hear testimony from the Trump administration officials to determine whether the government followed proper legal procedures in seeking his re-deportation.
In the meantime, García will remain in ICE custody while pursuing a series of parallel efforts to avoid deportation.
Such efforts include an interview with immigration officials to assess whether he credibly fears persecution or torture in Uganda, the country designated for removal. If so, another destination must be identified as well as a separate attempt to renew his asylum claim before an immigration judge.
The hearing’s outcome will be decided within 30 days after testimony.