Kilmar Abrego Garcia, a Maryland man who was mistakenly deported to El Salvador, is back in the United States to face serious human smuggling charges.
A federal grand jury has indicted Abrego Garcia, accusing him of a significant role in smuggling undocumented immigrants across the country over a period of nine years, as stated by U.S. Attorney General Pam Bondi during a recent press conference.
According to the indictment, from 2016 to 2025, Abrego Garcia and others allegedly conspired to transport migrants illegally from various countries, including Guatemala, El Salvador, Honduras, and Ecuador, through Mexico and across the Texas-Mexico border.
The indictment highlights that Abrego Garcia and a co-conspirator typically picked up undocumented aliens in the Houston, Texas area after they had crossed the border. They purportedly transported these undocumented individuals from Texas to other regions of the United States to further their unlawful presence in the country.
The court documents reveal that Abrego Garcia and six other unnamed and uncharged co-conspirators used cellphones and social media for illegal transportation of migrants.
To restrict the contact of the undocumented immigrants during the trip, he allegedly took possession of their cellphones and returned them only at the end of their journey.
Furthermore, the indictment states that Abrego Garcia and his associates modified vehicles to accommodate the undocumented individuals, with reports that children were sometimes hidden on vehicle floorboards.
One instance cited occurred when the Tennessee Highway Patrol stopped Abrego Garcia, who was driving a modified Suburban loaded with undocumented passengers sitting where there should have been cargo space.
The indictment claims that Abrego Garcia and his co-conspirators organized financial payments from the immigrants and exchanged money to obscure the payments’ origins.
Among the accusations in the two-count indictment is that the transported individuals included members of the notorious MS-13 gang, and it has been alleged that Abrego Garcia himself is a member. His lawyer and wife firmly reject these allegations.
During his first appearance in federal court in Nashville, Abrego Garcia appeared clean-shaven, shackled, and wearing casual clothing. He communicated through an interpreter, confirming that he understood the legal proceedings.
His public defender argued for his release, but the judge ordered him to remain in custody until a hearing scheduled for June 13.
Earlier this year, the Trump administration acknowledged it had erroneously deported Abrego Garcia due to what they described as an administrative error.
Despite this, border director Tom Homan contested the use of the word “mistake,” asserting that there was an oversight related to a withholding order and suggesting that Abrego Garcia had become a terrorist since the facts had changed.
In April, the Supreme Court ruled that the federal government was required to facilitate Abrego Garcia’s safe return to the U.S., but the Trump administration displayed reluctance. Officials stated that his return depended on Salvadoran President Nayib Bukele, who resisted repatriating him.
At the press conference, Bondi expressed gratitude to Bukele for having returned Abrego Garcia, stating, “This is what American justice looks like.”
In stark contrast, Abrego Garcia’s attorney accused the government of manipulating the court system.
“The government disappeared Kilmar to a foreign prison in violation of a court order. Now they’re bringing him back, not to correct their error but to prosecute him,” said Simon Sandoval-Moshenberg, the attorney representing Abrego Garcia.
He continued, “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.”
Sandoval-Moshenberg characterized the government’s actions as an abuse of power and insisted that Abrego Garcia deserved a fair trial in front of the same immigration judge from 2019, as mandated by the Supreme Court.
“Two months ago, the United States Supreme Court ordered the government to facilitate the return of Kilmar Abrego Garcia… to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador,” he elaborated.
He condemned the current proceedings, arguing that it was not reflective of a proper legal process and emphasized that due process should precede punishment.
The charges against Abrego Garcia reportedly stem from a vehicle stop in 2022 when the Tennessee Highway Patrol suspected him of human trafficking. According to a report from the Department of Homeland Security issued in April, none of the individuals in his vehicle carried luggage, yet they had the same address listed as Abrego Garcia’s.
At that time, he was not criminally charged and was allowed to continue driving after receiving a warning about an expired driver’s license.
The DHS report noted that he was traveling from Texas to Maryland through Missouri to bring individuals to work on construction. In light of the report’s release, Abrego Garcia’s wife stated that it was reasonable for him to have transported groups of workers between job sites and implied that the stop could have been a regular occurrence.
For about 14 years, Abrego Garcia lived in the U.S., where he worked in construction, got married, and raised three children, all of whom have disabilities, as indicated in court records.
The Trump administration had previously based his deportation on a 2019 claim from Maryland police suggesting he was affiliated with the MS-13 gang, a claim that Abrego Garcia denies and for which he was never charged.
Senator Chris Van Hollen, a Democrat from Maryland, commented on Abrego Garcia’s return, emphasizing the importance of upholding constitutional rights.
“For months, the Trump Administration flouted the Supreme Court and our Constitution. Today, they appear to have finally relented to our demands for compliance with court orders and with the due process rights afforded to everyone in the United States,” Van Hollen stated.
He added, “As I have repeatedly said, this is not about the man, it’s about his constitutional rights — and the rights of all. The Administration will now have to make its case in the court of law, as it should have all along.”
As the case proceeds in court, Abrego Garcia’s legal team is preparing to challenge the accusations against him forcefully, maintaining that he is entitled to a fair defense and due process as guaranteed under the law.
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