NASHVILLE, Tenn. (WZTV) — Kilmar Abrego Garcia, the man at the center of an immigration debate, could now be sent to a small African nation instead of Uganda.

An email from an ICE attorney to Abrego Garcia's lawyers stated that he would be deported to Eswatini and said his "claim of fear is hard to take seriously" because he also claimed fear of persecution or torture in at least 22 different countries.

Those countries included Mexico, Costa Rica, Belize, and Brazil.

The Department of Homeland Security also tweeted, "Homie is afraid of the entire western hemisphere."

A former asylum officer who lives in Miami told FOX 17 News it is uncommon for someone to claim fear in places other than their home country.

Allen Schwartz was an asylum officer for 23 years and is not connected to the case.

"Personally, I have not run across that," he said.

Abrego Garcia is facing human smuggling charges in Tennessee stemming from a 2022 Putnam County traffic stop.

A judge let him out on bond in August to await trial with his family in Maryland.

That is when ICE took custody.

All of this follows the Trump administration mistakenly deporting him earlier this year.

Advocates have argued that Abrego Garcia was denied due process.

"We will raise our voices louder, fight back harder, and demand justice for Kilmar," said one woman.

The Department of Homeland Security claims Abrego Garcia is an MS-13 gang member, which Abrego Garcia's attorneys deny.

We asked Schwartz what the criteria would be for asylum.

He said it depends on the type of asylum process.

"The harm would have to rise to a certain level of persecution," he said.

"What's that level?" I asked.

"It depends," he said. "If there are multiple incidents of being beaten, being arrested or detained, or put in prison."

A current USCIS spokesperson added, "Asylum status may be granted to aliens who have been persecuted or have a well-founded fear of future persecution on account of their race, religion, nationality, membership in a particular social group, and/or political opinion."

We reached out to Abrego Garcia's attorneys for comment on the potential deportation to Eswatini and haven't heard back yet.

Abrego Garcia has a trial date in January 2026 for the Tennessee charges of human smuggling.

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