Kilmar Abrego Garcia: Maryland man mistakenly deported to El Salvador back in U.S. now
June 6 (UPI) -- Kilmar Abrego Garcia, the Maryland man mistakenly deported to El Salvador, is back in the United States after being indicted in Tennessee on two federal charges involving migrant smuggling, Attorney General Pam Bondi said Friday.
Bondi said Abrego Garcia, 29, is in the United States to "face justice." He made his first court appearance Friday afternoon in Nashville.
The Justice Department said in a court filing that he should be held in pretrial custody because "he poses a danger to the community and a serious risk of flight, and no condition or combination of conditions would ensure the safety of the community or his appearance in court."
On May 21, a grand jury in the Middle District of Tennessee returned an indictment, charging Abrego Garcia with criminal counts of alien smuggling and conspiracy to commit alien smuggling, Bondi said at a news conference.
Abrego Garcia is the only member of the alleged conspiracy indicted.
El Salvador's President Nayib Bukele was presented with an arrest warrant for him and he agreed to return him to the United States, Bondi said.
"We're grateful to President Bukele for agreeing to return him to our country to face these very serious charges," Bondi said.
Bondi said that if Abrego Garcia is convicted of the charges and serves his sentence, he will be deported back to his home country of El Salvador.
"The grand jury found that over the past nine years, Abrego Garcia has played a significant role in an alien smuggling ring," Bondi said. "They found this was his full-time job, not a contractor. He was a smuggler of humans and children and women. He made over 100 trips, the grand jury found, smuggling people throughout our country."
Ben Schrader, the chief of the criminal division in the office for the Middle District of Tennessee in Nashville, resigned the same week of the grand jury indictment last month, CNN reported. Schrader's post on LinkedIn does not mention the Abrego Garcia case.
On April 17, Democratic U.S. Sen. Chris Van Hollen met with his constituent in El Salvador.
"After months of ignoring our Constitution, it seems the Trump Admin has relented to our demands for compliance with court orders and due process for Kilmar Abrego Garcia," Van Hollen posted on X Friday. "This has never been about the man -- it's about his constitutional rights & the rights of all."
In the indictment unsealed Friday afternoon, Abrego Garcia and others are accused of participating in a conspiracy in which they "knowingly and unlawfully transported thousands of undocumented aliens who had no authorization to be present in the United States, and many of whom were MS-13 members and associates."
The allegations from 2016 to this year involve a half-dozen alleged unnamed co-conspirators. Abrego Garcia and others worked to move undocumented aliens between Texas and Maryland and other states more than 100 times, according to the indictment.
They "ordinarily picked up the undocumented aliens in the Houston, Texas area after the aliens had unlawfully crossed the Southern border of the United States from Mexico," the indictment said.
Abrego Garcia and someone referred to a CC-1 "then transported the undocumented aliens from Texas to other parts of the United States to further the aliens' unlawful presence in the United States."
To cover up the alleged conspiracy, prosecutors say Abrego Garcia and his co-conspirators "routinely devised and employed knowingly false cover stories to provide to law enforcement if they were stopped during a transport," including claims that migrants being transported were headed to construction jobs.
In November 2022, Abrego Garcia is accused of driving a Chevrolet Suburban and was pulled over on a Tennessee interstate highway, with nine other Hispanic men without identification or luggage.
Prosecutors allege that Abrego Garcia transported narcotics to Maryland, though he wasn't previously charged with any crimes.
"For the last 2 months, the media and Democrats have burnt to the ground any last shred of credibility they had left as they glorified Kilmar Abrego Garcia, a known MS13 gang member, human trafficker, and serial domestic abuser," Department of Homeland Security Secretary Kristi Noem said in a statement on X. "Justice awaits this Salvadoran man."
Abrego Garcia and his family have denied allegations that he's an MS-13 member, and he fled gang violence in El Salvador.
Simon Sandoval-Moshenberg, an attorney for Abrego Garcia, said his client should appear in immigration court, not criminal court.
"The government disappeared Kilmar to a foreign prison in violation of a court order," Sandoval-Moshenberg Now told CNN. "Now, after months of delay and secrecy, they're bringing him back, not to correct their error but to prosecute him. This shows that they were playing games with the court all along. Due process means the chance to defend yourself before you're punished, not after. This is an abuse of power, not justice."
Abrego Garcia deported in March
Abrego Garcia was living in Maryland since he arrived in the United States in 2011 unlawfully.
The government earlier, through a confidential informant, said his clothes had alleged gang markings when he was arrested in 2019.
Abrego Garcia was living with his wife, Jennifer Vasquez Sura, and children when he was arrested in March and deported to El Salvador to the maximum-security Terrorism Confinement Center, known as CECOT. He was with a group of more than 230 men, mostly Venezuelans, accused of being gang members.
In April, the State Department said Abrego Garcia was moved to a lower-security facility in Santa Ana.
The Trump administration has acknowledged that Abrego Garcia's deportation was a mistake because he had been granted a legal status in 2019. The Department of Homeland Security is banned from removing him to his home country of El Salvador because he was likely to face persecution by local gangs. He didn't have a hearing before his deportation.
The government has utilized the Alien Enemies Act, a 1798 wartime immigration law, to quickly deport migrants from the United States.
In an April hearing, District Judge Paula Xinis in Maryland ordered the Trump administration to comply with expedited discovery to determine whether they were complying with the directive to return Abrego Garcia to the United States, which was upheld by the Supreme Court earlier this year. The high court and district judge said the Trump administration must "facilitate" his return for due process.
On Wednesday, Xinis ordered seven documents to be unsealed in the deportation.
The criminal charges could impact his immigration case, John Sandweg, a former acting director of U.S. Immigration and Customs Enforcement, told CNN.
"I think what we're going to see is on the back end of this criminal prosecution - now that they're prosecuting him for these immigration-related offenses - if they get a conviction, they will go back to the immigration court and argue that now there are those changed circumstances," Sandweg, who is now a partner at law firm Nixon Peabody.
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The family closed the business, moved again, and eventually sent Abrego Garcia to the U.S. The family never went to the authorities because of rampant police corruption, according to court filings. The gang continued to harass the family in Guatemala, which borders El Salvador. Life in the U.S. Abrego Garcia fled to the U.S. illegally around 2011, the year he turned 16, according to documents in his immigration case. He joined Cesar, now a U.S. citizen, in Maryland and found construction work. About five years later, Abrego Garcia met Jennifer Vasquez Sura, a U.S. citizen, the records say. In 2018, after she learned she was pregnant, he moved in with her and her two children. They lived in Prince George's County, just outside Washington. In March 2019, Abrego Garcia went to a Home Depot seeking work as a laborer when he and three other men were detained by local police, court records say. They were suspected of being in MS-13 based on tattoos and clothing. A criminal informant told police that Abrego Garcia was in MS-13, court records state but Prince George's County Police did not charge the men. The department said this year it had no further interactions with Abrego Garcia or 'any new intelligence' on him. Abrego Garcia has denied being in MS-13. Although they did not charge him, local police turned Abrego Garcia over to Immigration and Customs Enforcement. He told a U.S. immigration judge that he would seek asylum and asked to be released because Vasquez Sura was pregnant, according to his immigration case. The Department of Homeland Security alleged Abrego Garcia was a gang member based on the county police's information, according to the case. The immigration judge kept Abrego Garcia in jail as his case continued, the records show. Abrego Garcia later married Vasquez Sura in a Maryland detention center, according to court filings. She gave birth while he was still in jail. In October 2019, an immigration judge denied Abrego Garcia's asylum request but granted him protection from being deported back to El Salvador because of a 'well-founded fear' of gang persecution, according to his case. He was released; ICE did not appeal. Abrego Garcia checked in with ICE yearly while Homeland Security issued him a work permit, his attorneys said in court filings. He joined a union and was employed full time as a sheet metal apprentice. In 2021, Vasquez Sura filed a temporary protection order against Abrego Garcia, stating he punched, scratched and ripped off her shirt during an argument. The case was dismissed weeks later, according to court records. Vasquez Sura said in a statement, after the document's release by the Trump administration, that the couple had worked things out 'privately as a family, including by going to counseling.' 'After surviving domestic violence in a previous relationship, I acted out of caution after a disagreement with Kilmar,' she stated. She added that 'Kilmar has always been a loving partner and father, and I will continue to stand by him." A traffic stop in Tennessee In 2022, according to a report released by the Trump administration, Abrego Garcia was stopped by the Tennessee Highway Patrol for speeding. The vehicle had eight other people and no luggage, prompting an officer to suspect him of human trafficking, the report stated. Abrego Garcia said he was driving them from Texas to Maryland for construction work, the report stated. No citations were issued. Abrego Garcia's wife said in a statement in April that he sometimes transported groups of workers between job sites, 'so it's entirely plausible he would have been pulled over while driving with others in the vehicle. He was not charged with any crime or cited for any wrongdoing.' The Tennessee Highway Patrol released video body camera footage this May of the 2022 traffic stop. It shows a calm and friendly exchange between officers and Abrego Garcia as well as the officers discussing among themselves their suspicions of human trafficking before sending him on his way. One of the officers said: 'He's hauling these people for money.' Another said he had $1,400 in an envelope. An attorney for Abrego Garcia, Simon Sandoval-Moshenberg, said in a statement after the release that he saw no evidence of a crime in the footage. Mistaken deportation and new charges Abrego Garcia was deported to El Salvador in March despite the U.S. immigration judge's order. For nearly three months, his attorneys have fought for his return in a federal court in Maryland. The Trump administration described the mistaken removal as 'an administrative error' but insisted he was in MS-13. His abrupt release from El Salvador closes one chapter and opens another in the months-long standoff. The charges he faces stem from the 2022 vehicle stop in Tennessee but the human smuggling indictment lays out a string of allegations that date back to 2016 but are only being disclosed now. A co-conspirator also alleged that Abrego Garcia participated in the killing of a gang member's mother in El Salvador, prosecutors wrote in papers urging the judge to keep him behind bars while he awaits trial. The indictment does not charge him in connection with that allegation. 'This is what American justice looks like,' Attorney General Pam Bondi said in announcing Abrego Garcia's return and the unsealing of a grand jury indictment. Abrego Garcia's attorney disagreed. "There's no way a jury is going to see the evidence and agree that this sheet metal worker is the leader of an international MS-13 smuggling conspiracy,' attorney Simon Sandoval-Moshenberg said.
