Kilmar Abrego Garcia, a Maryland resident, was extradited back to the United States on Friday after a mistaken deportation to a prison in his home country of El Salvador several months ago.
He now faces federal charges in Tennessee related to the transportation of undocumented migrants throughout the U.S.
The indictment claims that between 2016 and 2025, Abrego Garcia and others conspired to bring undocumented individuals from various countries, including Guatemala, El Salvador, Honduras, and Ecuador, ultimately facilitating their passage through Mexico and into Texas.
A grand jury that reviewed the evidence alleged that Abrego Garcia conducted over 100 trips, smuggling thousands of migrants during this period.
Although the indictment was filed on May 21, it remained sealed until the recent announcement by Attorney General Pam Bondi during a press conference, just prior to Abrego Garcia’s return.
“The government abandoned Kilmar to a foreign prison in direct violation of a court order. Now, after significant delay and a lack of transparency, they are bringing him back—not to rectify their mistake, but to prosecute him,” stated Abrego Garcia’s attorney, Simon Sandoval-Moshenberg, in remarks to NBC 4 in Washington, D.C.
“This situation indicates they were not forthcoming with the court. Due process necessitates the opportunity for a defense before punishment is imposed, not after. This is misapplication of power masquerading as justice,” Sandoval-Moshenberg continued.
Sandoval-Moshenberg further emphasized that while a trial should occur, it should be presided over by the same immigration judge who assessed Abrego Garcia’s case in 2019. This step is crucial to ensure the case follows the correct legal protocol, as mandated by the Supreme Court.
The Trump administration has characterized Abrego Garcia as a member of the infamous MS-13 gang, which is classified as a foreign terrorist organization by U.S. authorities. Abrego Garcia, however, firmly denies any association with the gang.
A father of three, Abrego Garcia was taken into custody by U.S. Immigration and Customs Enforcement (ICE) agents in Maryland on March 12. Just three days later, he was deported, a move that was later acknowledged by the administration as erroneous.
At the time, there was an existing 2019 order from a judge preventing his removal to El Salvador due to fears of persecution there.
Even after recognizing the faulty deportation, the Trump administration maintained that it could not facilitate Abrego Garcia’s return to the U.S., notwithstanding a directive from a Maryland U.S. District Court judge ordering federal officials to assist in the matter.
This order was reaffirmed by the Supreme Court in April.
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