The Trump administration plans to deport Kilmar Abrego Garcia to El Salvador if a judge approves his attorneys' request to reopen his immigration case. Abrego Garcia, originally from El Salvador, had been living in Maryland with his family before his deportation in March to a mega-prison in El Salvador, known as CECOT. This deportation occurred despite a 2019 court order that prohibited his removal due to fears of persecution.

The administration claims Abrego Garcia is affiliated with the criminal gang MS-13, a claim his family and attorneys deny. He was returned to the U.S. in June to face human trafficking charges in Tennessee, to which he has pleaded not guilty. After being released into his brother's custody in Maryland, he was detained again by immigration authorities, who indicated plans to deport him.

A federal judge blocked his deportation last month, allowing him to remain in the U.S. until at least early October. Currently, Abrego Garcia is held at a detention center in Farmville, Virginia. On Thursday, the government submitted a court filing to the Baltimore Immigration Court, stating that if the court grants the motion to reopen his case, the Department of Homeland Security (DHS) will pursue his removal to El Salvador.

The government noted that Abrego Garcia's previous grant of withholding of removal would no longer be valid if his case is reopened. In 2019, an immigration judge had ruled that he could not be deported to El Salvador. If the case is reopened, Abrego Garcia will need to demonstrate his eligibility for asylum or other forms of protection from El Salvador.

In the filing, the government argued that Abrego Garcia's imprisonment at CECOT was lawful and not intended to inflict pain or suffering. They stated, "Even assuming that the respondent's imprisonment rises to the level of torture, past torture is not determinative of the likelihood of future torture." The government also dismissed concerns about gang violence in El Salvador, asserting that these do not reflect the treatment Abrego Garcia received after his deportation.

The government further contended that the request to reopen his immigration case should be denied, claiming it does not show that conditions in El Salvador have materially changed. They also argued that Abrego Garcia is ineligible for asylum due to his alleged ties to a foreign terrorist organization.

Abrego Garcia's attorneys maintain that he is not a member of MS-13 and have repeatedly denied the accusations against him. The government, however, insists that he has engaged in extensive criminal activities in the U.S. and is a known member of the gang.