
Kilmar Abrego Garcia, who was mistakenly deported to El Salvador, will face federal charges
Kilmar Abrego Garcia, the Maryland man whose erroneous deportation to El Salvador became a protracted battle over due process and a test of wills, will face human smuggling charges in Tennessee, NBC News has learned.
Abrego Garcia has been named in an indictment charging him with transporting within the U.S. people not legally in the country. The two-count indictment, sealed by a Tennessee court last month, alleges Abrego Garcia participated in a conspiracy over several years to move people from Texas, deeper into the country.
The two-count indictment alleges that those transported included members of the MS-13 gang.
A federal judge and the U.S. Supreme Court had long ago ordered the federal government to facilitate Abrego Garcia's return to the U.S., but the administration dragged its feet and resisted. At times the administration insisted that Abrego Garcia's return was up to El Salvador's President Nayiob Bukele, who refused to return him.
The administration had accused Abrego Garcia of being a member of the MS-13 Salvadoran gang and gave that as reason to deport him, despite a judge's order from 2019 barring him from being sent to his home country.
Garcia was deported March 15 amid a flurry of arrests and deportations after Trunp invoked the Alien Enemies Act, a law only used before in wartime, to target Venezuelan immigrants and other immigrants he alleged to be gang members and "invaders" of the U.S.
He was taken to the notorious CECOT prison in El Salvador, known for its harsh and brutal conditions. Government attorneys had said he was taken there as a result of "administrative error".
The Supreme Court ruled in April that Abrego Garcia's removal was "illegal" and determined that a judge's order for the administration to facilitate his return was proper.
Initially the administration said it had deported Abrego Garcia in error, but as calls for his return intensified, the administration doubled down on keeping him incarcerated in El Salvador.
Despite orders to bring him back, the administration stood its ground over and over, raising concerns about its defiance of the judicial branch and setting off threats of contempt from the bench.
Abrego Garcia's wife has insisted that he was not involved in criminal activity. 'Kilmar worked in construction and 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,' his wife previously said in a statement. 'He was not charged with any crime or cited for any wrongdoing."
A federal judge ordered the Trump administration just last week to give hundreds of migrants in El Salvador's CECOT prison the chance to challenge their detentions and removals.
Hashtags

Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles


South Wales Guardian
an hour ago
- South Wales Guardian
Man mistakenly deported to El Salvador brought back to US to face charges
Kilmar Abrego Garcia faces charges related to what US President Donald Trump's government said was a large human smuggling operation that brought immigrants into the country illegally. His abrupt release from El Salvador is the latest twist in a saga that sparked a months-long standoff between Trump administration officials and the courts over a deportation that officials initially acknowledged was done in error but then continued to stand behind in apparent defiance of orders by judges to facilitate his return to the US. The development occurred after US officials presented El Salvador President Nayib Bukele with an arrest warrant for federal charges in Tennessee accusing Abrego Garcia of playing a key role in smuggling immigrants into the country for money. He is expected to be prosecuted in the US and, if convicted, will be returned to his home country of El Salvador at the conclusion of the case, officials said. 'This is what American justice looks like,' US attorney general Pam Bondi said in announcing Abrego Garcia's return and the unsealing of a grand jury indictment. Abrego Garcia's lawyers called the case 'baseless'. '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,' lawyer Simon Sandoval-Moshenberg said. Federal magistrate judge Barbara Holmes in Nashville, Tennessee, determined that Abrego Garcia will be held in custody until at least next Friday, when there will be an arraignment and detention hearing. Abrego Garcia appeared in court wearing a short-sleeved, white, buttoned shirt. When asked if he understood the charges, he told the judge through an interpreter: 'Yes. I understand.' Democrats and immigrant rights groups had pressed for Abrego Garcia's release, with several politicians – including senator Chris Van Hollen of Maryland, where Abrego Garcia had lived for years – even travelling to El Salvador to visit him. A federal judge had ordered him to be returned in April and the US Supreme Court rejected an emergency appeal by directing the government to work to bring him back. But the news that Abrego Garcia, who had an immigration court order preventing his deportation to his native country over fears he would face persecution from local gangs, was being brought back for the purpose of prosecution was greeted with dismay by his lawyers. The case also prompted the resignation of a top supervisor in the US attorney's office in Nashville, according to a person familiar with the matter who spoke on the condition of anonymity to discuss a personnel matter. Ben Schrader, who was chief of the office's criminal division, did not explain the reason for his resignation but posted to social media around the time the indictment was being handed down, saying: 'It has been an incredible privilege to serve as a prosecutor with the Department of Justice, where the only job description I've ever known is to do the right thing, in the right way, for the right reasons.' He declined to comment when reached by The Associated Press on Friday.


Glasgow Times
an hour ago
- Glasgow Times
Man mistakenly deported to El Salvador brought back to US to face charges
Kilmar Abrego Garcia faces charges related to what US President Donald Trump's government said was a large human smuggling operation that brought immigrants into the country illegally. His abrupt release from El Salvador is the latest twist in a saga that sparked a months-long standoff between Trump administration officials and the courts over a deportation that officials initially acknowledged was done in error but then continued to stand behind in apparent defiance of orders by judges to facilitate his return to the US. The development occurred after US officials presented El Salvador President Nayib Bukele with an arrest warrant for federal charges in Tennessee accusing Abrego Garcia of playing a key role in smuggling immigrants into the country for money. He is expected to be prosecuted in the US and, if convicted, will be returned to his home country of El Salvador at the conclusion of the case, officials said. 'This is what American justice looks like,' US attorney general Pam Bondi said in announcing Abrego Garcia's return and the unsealing of a grand jury indictment. Abrego Garcia's lawyers called the case 'baseless'. '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,' lawyer Simon Sandoval-Moshenberg said. Federal magistrate judge Barbara Holmes in Nashville, Tennessee, determined that Abrego Garcia will be held in custody until at least next Friday, when there will be an arraignment and detention hearing. The indictment of Kilmar Abrego Garcia that charges him with transporting people who were in the United States illegally (AP Photo/Jon Elswick) Abrego Garcia appeared in court wearing a short-sleeved, white, buttoned shirt. When asked if he understood the charges, he told the judge through an interpreter: 'Yes. I understand.' Democrats and immigrant rights groups had pressed for Abrego Garcia's release, with several politicians – including senator Chris Van Hollen of Maryland, where Abrego Garcia had lived for years – even travelling to El Salvador to visit him. A federal judge had ordered him to be returned in April and the US Supreme Court rejected an emergency appeal by directing the government to work to bring him back. But the news that Abrego Garcia, who had an immigration court order preventing his deportation to his native country over fears he would face persecution from local gangs, was being brought back for the purpose of prosecution was greeted with dismay by his lawyers. The case also prompted the resignation of a top supervisor in the US attorney's office in Nashville, according to a person familiar with the matter who spoke on the condition of anonymity to discuss a personnel matter. Ben Schrader, who was chief of the office's criminal division, did not explain the reason for his resignation but posted to social media around the time the indictment was being handed down, saying: 'It has been an incredible privilege to serve as a prosecutor with the Department of Justice, where the only job description I've ever known is to do the right thing, in the right way, for the right reasons.' He declined to comment when reached by The Associated Press on Friday.


The Herald Scotland
an hour ago
- The Herald Scotland
Man mistakenly deported to El Salvador brought back to US to face charges
His abrupt release from El Salvador is the latest twist in a saga that sparked a months-long standoff between Trump administration officials and the courts over a deportation that officials initially acknowledged was done in error but then continued to stand behind in apparent defiance of orders by judges to facilitate his return to the US. The development occurred after US officials presented El Salvador President Nayib Bukele with an arrest warrant for federal charges in Tennessee accusing Abrego Garcia of playing a key role in smuggling immigrants into the country for money. He is expected to be prosecuted in the US and, if convicted, will be returned to his home country of El Salvador at the conclusion of the case, officials said. 'This is what American justice looks like,' US attorney general Pam Bondi said in announcing Abrego Garcia's return and the unsealing of a grand jury indictment. Abrego Garcia's lawyers called the case 'baseless'. '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,' lawyer Simon Sandoval-Moshenberg said. Federal magistrate judge Barbara Holmes in Nashville, Tennessee, determined that Abrego Garcia will be held in custody until at least next Friday, when there will be an arraignment and detention hearing. The indictment of Kilmar Abrego Garcia that charges him with transporting people who were in the United States illegally (AP Photo/Jon Elswick) Abrego Garcia appeared in court wearing a short-sleeved, white, buttoned shirt. When asked if he understood the charges, he told the judge through an interpreter: 'Yes. I understand.' Democrats and immigrant rights groups had pressed for Abrego Garcia's release, with several politicians – including senator Chris Van Hollen of Maryland, where Abrego Garcia had lived for years – even travelling to El Salvador to visit him. A federal judge had ordered him to be returned in April and the US Supreme Court rejected an emergency appeal by directing the government to work to bring him back. But the news that Abrego Garcia, who had an immigration court order preventing his deportation to his native country over fears he would face persecution from local gangs, was being brought back for the purpose of prosecution was greeted with dismay by his lawyers. The case also prompted the resignation of a top supervisor in the US attorney's office in Nashville, according to a person familiar with the matter who spoke on the condition of anonymity to discuss a personnel matter. Ben Schrader, who was chief of the office's criminal division, did not explain the reason for his resignation but posted to social media around the time the indictment was being handed down, saying: 'It has been an incredible privilege to serve as a prosecutor with the Department of Justice, where the only job description I've ever known is to do the right thing, in the right way, for the right reasons.' He declined to comment when reached by The Associated Press on Friday.