Lead: On Friday, Sept. 5, 2025, U.S. immigration authorities notified Kilmar Abrego Garcia that the government is now pursuing removal to the African kingdom of Eswatini, while he remains in ICE custody in Virginia and fights criminal smuggling charges and pending immigration litigation.
Key Takeaways
- ICE issued an email on Sept. 5, 2025 naming Eswatini as Abrego Garcia’s new country of removal.
- Abrego Garcia was mistakenly deported to El Salvador in March, held in CECOT prison, and returned to the U.S. in June.
- The government previously moved to deport him to Uganda; a federal judge paused that removal until at least next month.
- Abrego Garcia is seeking to reopen his immigration case so he can seek asylum; the administration opposes that request.
- Government lawyers cite alleged MS-13 affiliation, smuggling charges, and a domestic violence complaint in arguing against asylum eligibility.
- Attorneys for Abrego Garcia deny gang ties, say he was tortured in El Salvador, and call the criminal charges vindictive.
- Eswatini has accepted noncitizen deportees from the U.S. this year, according to media and attorneys involved in related cases.
Verified Facts
According to an Immigration and Customs Enforcement email obtained by reporting, a senior ICE official informed Abrego Garcia on Sept. 5, 2025 that Eswatini is the new country of removal. The email noted counsel’s assertions that Abrego Garcia fears persecution or torture if returned to Uganda; counsel have also told authorities he fears harm in more than 20 countries, mostly in Latin America.
Abrego Garcia, a native of El Salvador, was deported from the U.S. to El Salvador in March 2025 in what government lawyers later called an administrative error. He was reportedly detained in El Salvador’s CECOT prison and was returned to the United States in June 2025. He now faces federal smuggling charges and was taken into ICE custody after a recent check-in appointment in Baltimore.
In 2019 an immigration judge barred the government from sending Abrego Garcia back to El Salvador because of a documented risk of gang-related persecution. Federal prosecutors have since argued that if Abrego Garcia succeeds in reopening his immigration case, that earlier protection could be voided and the government could lawfully remove him to El Salvador again.
Earlier this month authorities began processing him for removal to Uganda; a U.S. district judge in Maryland paused that planned deportation until at least next month as litigation continues. The ICE email naming Eswatini came amid those shifting removal plans.
Context & Impact
Eswatini, formerly Swaziland, is Africa’s sole remaining absolute monarchy. This year the U.S. arranged for a small group of noncitizen deportees convicted of violent crimes to be sent there; attorneys representing those men have said they are being held incommunicado.
The move highlights a broader policy development in which U.S. immigration authorities have sought third-country removal agreements with nations willing to accept noncitizen deportees. Legal advocates say such transfers raise new questions about due process and the adequacy of protections for noncitizens removed to countries where they have limited ties.
For Abrego Garcia, the immediate legal consequence is that different removal destinations change the character of his asylum and reopening claims. If his immigration case is reopened, he seeks to pursue asylum and other protections, including relief tied to marriage to a U.S. citizen. The government counters that criminal and alleged gang affiliations make him ineligible.
Beyond the individual case, advocacy groups warn that sending people to third countries where they lack citizenship or meaningful protections could set precedents for future removals and complicate diplomatic relationships with receiving states.
We hereby notify you that your new country of removal is Eswatini, Africa, though counsel’s claims are described in the file as hard to take seriously.
Paraphrase of ICE email from senior agency official
If Kilmar is allowed a fair immigration hearing, there is no way he will not prevail on asylum, given the torture he suffered in CECOT prison.
Simon Sandoval-Moshenberg, attorney for Abrego Garcia
Unconfirmed
- Attorneys’ claim that the U.S. previously offered to deport Abrego Garcia to Costa Rica in exchange for a guilty plea in his smuggling case (reported by counsel).
- Reports from attorneys that men sent earlier this year to Eswatini are being held incommunicado in a local prison; ICE and Eswatini authorities have not publicly confirmed detention conditions.
- Counsel’s assertion that Abrego Garcia fears harm in more than 20 countries is their stated claim and has not been independently verified by reporting sources.
Bottom Line
The administration’s naming of Eswatini as Kilmar Abrego Garcia’s new removal country intensifies an already complicated legal battle over his asylum eligibility, prior mistaken deportation, and pending criminal case. His attorneys are pursuing both criminal defense and immigration remedies; courts will decide whether he may seek asylum and which country, if any, will accept his removal.