Man mistakenly deported to El Salvador coming back to US; faces federal charges on return: Report

Time of India

a day ago

Kilmar Abrego Garcia (Photo: AP)
Kilmar Abrego Garcia, who was mistakenly deported to El Salvador in March, will return to the United States to face federal criminal charges, according to sources quoted by CNN and ABC News.
Following extensive diplomatic negotiations between El Salvador's government and the Trump administration, Abrego Garcia is returning to the United States but he will confront his legal charges in the US, according to the sources.
The legal representative of Abrego Garcia, in a statement to ABC News, stated his commitment to continue pursuing a fair trial for his client. "From the beginning, this case has made one thing painfully clear: The government had the power to bring him back at any time.
Instead, they chose to play games with the court and with a man's life," said attorney Simon Sandoval-Moshenberg. "We're not just fighting for Kilmar -- we're fighting to ensure due process rights are protected for everyone.
Because tomorrow, this could be any one of us -- if we let power go unchecked, if we ignore our Constitution."
This development comes over two months following the Trump administration's acknowledgement that they erroneously deported him to El Salvador, his country of origin, from his residence in Maryland.
The federal judiciary and Trump administration have been engaged in a prolonged dispute over court directives requiring the government to "facilitate" Abrego Garcia's return from El Salvador following his incorrect deportation in mid-March.
One federal judge cautioned this situation could create an "incipient crisis" between the governmental branches.
In the Middle District of Tennessee, Abrego Garcia faces two criminal charges: conspiracy to unlawfully transport illegal aliens for financial gain and the actual transportation of illegal aliens for financial gain.
According to the indictment revealed on Friday afternoon, Abrego Garcia and his associates are accused of facilitating the entry of thousands of undocumented immigrants from various Central American nations into the US in recent years, "many of whom were MS-13 members and associates."
The administration's approach and legal positions have consistently troubled judges across the political spectrum, who expressed concern about officials' apparent disregard for due process rights, particularly given their casual response to the deportation, which various administration solicitors termed an "administrative error" they could not address.
Whilst Abrego Garcia's imminent return is confirmed, his long-term residence in the US remains uncertain. His deportation to a high-security prison in El Salvador violated a 2019 judicial order prohibiting his removal to his native country due to potential gang violence risks. However, this ruling did not prevent his removal to another nation.
Abrego Garcia, who hails from El Salvador, entered the United States without documentation sometime around 2011.
Immigration authorities apprehended him in Maryland in 2019. Subsequently, a judicial ruling permitted his continued stay in the country, citing safety concerns if he were to return to his homeland; still he was deported.
His spouse, Jennifer Vasquez Sura, who holds US citizenship, has criticised both the Trump and Bukele governments, stating they are engaging in "political games" at the expense of her husband's wellbeing.
Neither in the United States nor in El Salvador does García have any criminal history, and he has never faced accusations of gang-affiliated activities.
The administration has previously indicated that upon his return to the US, they might consider deportation to a different country or attempt to nullify the 2019 order.
US District Judge Paula Xinis has permitted an investigative process to determine the government's compliance with her instruction to return Abrego Garcia to the US. Recently, the case has received less public attention as this discovery process continues largely away from public scrutiny.