Trump Administration Plans to Deport Kilmar Abrego Garcia to Eswatini | Timeline, Legal Issues, and What Comes Next

Photos of Kilmar Abrego García on Eswatini deportation plan

Overview: Why This Case Matters Now

The Trump administration has notified counsel for Kilmar Abrego Garcia a Salvadoran born father who had been living in Maryland that it now intends to deport him to Eswatini, a small, landlocked nation in Southern Africa. This represents a dramatic shift from the government’s earlier plan to remove him to Uganda and, before that, its wrongful removal to El Salvador in March 2025. The new destination has reignited debate over the legality and ethics of “third-country” removals, due process, and humanitarian safeguards.

Key Facts at a Glance

New removal country: Eswatini, notified to defense counsel via an ICE email on Sept. 5, 2025 (local time).
Earlier plan blocked: A federal judge halted removal to Uganda after credible-fear concerns were raised.
Wrongful deportation (March 2025): Abrego Garcia was removed to El Salvador despite a prior court order; he was returned to the U.S. in June.
Criminal case: He has pleaded not guilty to federal human-smuggling charges; defense says deportation threats are being used to coerce a plea.
Current status: In ICE custody; government communications and rhetoric have drawn public criticism.

1) The Timeline: From Wrongful Removal to Eswatini Plan

March ~ June 2025: Wrongful Removal to El Salvador and Return

In mid-March, Abrego Garcia was deported to El Salvador contrary to a standing protection order where he was held before being returned to the United States in June amid mounting legal challenges. This misstep turned his case into a flashpoint over immigration enforcement and court oversight.

August 2025: Detained Again; Uganda Named as Destination

After his release from criminal custody in Tennessee, Abrego Garcia reported to the ICE Baltimore field office and was re-detained. DHS then moved to deport him to Uganda until a federal judge stepped in, citing risk of harm concerns consistent with CAT (Convention Against Torture) protections.

September 2025: New Notice Eswatini

On Sept. 5, an ICE official emailed defense counsel naming Eswatini as the “new country of removal,” while noting that Abrego Garcia had expressed fear of persecution or torture in more than 20 countries. Defense counsel responded that he also fears persecution in Eswatini, citing detention conditions and refoulement risks.

2) Legal Frame: What the Law Allows and What It Limits

h3. “Third Country” Removal Authority

U.S. immigration law permits removal to an alternative country if removal to the home country is barred or impracticable. However, the government must respect treaty and statutory protections, including non-refoulement under refugee law and CAT. Courts may enjoin removals if there’s a credible risk of persecution or torture. The Uganda injunction in this case shows judicial checks remain pivotal when the government selects a non-national “third country.”

h3. Due Process, Criminal Case, and Allegations

Abrego Garcia has pleaded not guilty to smuggling-related charges. His attorneys argue the evolving list of removal destinations El Salvador, Uganda, and now Eswatini has been leveraged to pressure a plea, asserting the government even floated Costa Rica if he admitted guilt. The administration disputes that framing. Courts will weigh whether such steps reflect legitimate enforcement or impermissible coercion.

3) Why Eswatini? Policy Logic and Human Rights Concerns

Eswatini’s Profile and Precedents

Eswatini Africa’s last absolute monarchy has a small population and limited resources. Reporting indicates Washington has previously sent a small group of non-citizen deportees there, drawing scrutiny over detention conditions and local legal guarantees. This raises obvious questions about suitability, safety, and the mechanics of admission for a person with no ties to the country.

CAT/Refugee Safeguards and Risk Assessment

Under CAT and U.S. regulations, the government cannot remove a person to a country where it is “more likely than not” they would face torture. Abrego Garcia’s counsel claims deportees previously sent to Eswatini have faced harsh, incommunicado detention and that there are no assurances he would not be onward deported to El Salvador, where a court has already found risk. The administration has not publicly detailed a mitigation plan addressing these points.

4) Messaging, Rhetoric, and Public Backlash

Government Communications Under Fire

DHS and allied officials have used sharply worded statements and social media to characterize Abrego Garcia as a dangerous figure and to deride the breadth of his stated fears language that has drawn criticism from advocates and some legal experts. The department’s own press release naming Uganda as a removal site and casting him as a violent offender became part of the controversy, especially as defense points to a lack of adjudicated convictions.

5) What to Watch Next

Short-Term (Days to Weeks)

Court orders on temporary restraining orders or stays regarding removal to Eswatini.
Government filings laying out how Eswatini meets non-refoulement and safety obligations.
Criminal case milestones affecting custody, bond, or plea posture.

Medium-Term (Weeks to Months)

Whether the administration secures diplomatic assurances from Eswatini about detention conditions and non-refoulement.
Any appellate rulings clarifying the scope of executive discretion in naming third-country destinations for removal.
Congressional oversight signals hearings, letters, or GAO reviews on non-citizen removals to third countries.

6) Quick Reference: Case Summary Table

Item	Details
Individual	Kilmar Abrego Garcia, Salvadoran-born, lived in Maryland with U.S.-citizen family
New removal country	Eswatini (notice emailed Sept. 5, 2025)
Prior plans	Uganda (blocked by court); earlier wrongful removal to El Salvador
Criminal case	Pleads not guilty to smuggling-related charges
Key legal issues	CAT/non-refoulement, due process, scope of DHS discretion for third-country removals
Status	In ICE custody; further court action expected

Sources indicate the administration cites Abrego’s stated fear claims across 20+ countries to justify a new destination, while counsel challenges the safety and legality of Eswatini removal.

7) Policy Takeaways (For Readers, Advocates, and Policymakers)

Balance Enforcement with Safeguards

Third-country removal authority exists, but it must be exercised with transparent criteria and case by case risk analysis. The Uganda injunction shows courts will intervene where humanitarian standards are not convincingly met.

Demand Verifiable Assurances

If the government selects a country with which the individual has no ties, robust assurances on detention conditions, medical care, access to counsel, and protection from chain refoulement should be made public or at minimum available to the court under seal.

Keep the Proceedings Separate and Fair

Criminal charges must be adjudicated on the merits; immigration custody and removal planning should not be used to pressure pleas. Clear court oversight can help ensure enforcement does not eclipse due process.

The Eswatini plan turns an already extraordinary case into a test of how far executive discretion may reach in naming third country destinations and how firmly the judiciary will enforce legal and humanitarian guardrails. What happens next will set practical precedents for the treatment of similarly situated migrants and the credibility of U.S. commitments under domestic and international law.

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"Eswatini Deportation Plan for Kilmar Abrego Garcia | Timeline, Legal Issues & Next Steps"