Read the indictment against Kilmar Abrego Garcia, charged in Tennessee
Kilmar Abrego Garcia, the Maryland man who was illegally deported before he was charged with a crime and became the center of attention for President Donald Trump's aggressive immigration policies, now faces criminal charges in Tennessee.
A federal grand jury on May 21 indicted Abrego Garcia, 29, while he was in the El Salvador mega-prison he was deported to in March. The indictment, filed in the U.S. District Court for the Middle District of Tennessee, levels two charges against Abrego Garcia: conspiracy to transport aliens and unlawful transportation of undocumented aliens.
An indictment is an accusation of a crime, returned after a grand jury determines there is sufficient evidence to prosecute. That requires less proof than is needed to convict the defendant.
Kilmar Abrego Garcia Indictment by USA TODAY Network on Scribd
Prosecutors say between 2016 and 2025, Abrego Garcia was part of a criminal conspiracy with five others to transport undocumented immigrants into and across the country. According to the indictment, Abrego Garcia typically picked people up in the Houston, Texas, area after they crossed the border illegally and took them to various places across the U.S. He is accused of making more than 100 trips during this period.
The charges were filed in Tennessee because there was an "overt act" of the conspiracy in Cookeville, prosecutors say, which forms the basis of the second charge, unlawful transportation of undocumented aliens. Abrego Garcia was stopped by the Tennessee Highway Patrol in the Putnam County city in late 2022, driving a Chevrolet Suburban carrying eight other Hispanic men, none of whom had identification, the indictment states.
More: Prosecutor who resigned day Abrego Garcia was indicted led major cases: 'One of the best'
For count one, conspiracy to transport aliens, the maximum penalty is a fine, imprisonment for not more than 10 years or both.
For count two, unlawful transportation of undocumented aliens, the maximum term of imprisonment is five years, unless the offense was committed for "commercial advantage or private financial gain," in which case the maximum term of imprisonment is 10 years. The indictment alleges Abrego Garcia transported undocumented people for private financial gain, meaning he would be subject to a maximum of 10 years in prison if he is convicted as he is charged.
Abrego Garcia's attorneys noted in a June 11 filing that the average punishment for alien smuggling, the class of crimes he's been charged with, is 15 months.
Have questions about the justice system? Evan Mealins is the justice reporter for The Tennessean. Contact him with questions, tips or story ideas at emealins@tennessean.com.
This article originally appeared on Nashville Tennessean: What are the charges against Kilmar Abrego Garcia? Read the indictment
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