Legal
Kilmar Abrego Garcia to return to U.S. to face federal charges
Kilmar Abrego Garcia, the Salvadoran man whose controversial deportation sparked a high-profile legal and diplomatic battle, is being returned to the United States to face federal criminal charges, according to ABC News.
Abrego Garcia, 29, was mistakenly deported from Maryland earlier this year despite a 2019 immigration court order that explicitly barred his removal. His case drew national attention after the U.S. Department of Homeland Security admitted the deportation was carried out in violation of that order, calling it an “administrative error.”
A federal grand jury in Tennessee has indicted Abrego Garcia on two counts related to an alleged conspiracy to transport undocumented migrants within the United States. The indictment, which had been filed under seal, accuses him of participating in a years-long effort to move migrants from Texas to other parts of the country, sources briefed on the charges told ABC News.
His return to U.S. custody follows high-level diplomatic discussions between the Trump administration and the government of El Salvador, the outlet reported.
In April, the U.S. Court of Appeals for the Fourth Circuit rebuked the government for violating a court order and transferring Abrego Garcia to El Salvador, where he was held in the country’s high-security Terrorism Confinement Center (CECOT). The three-judge panel called the government’s conduct “shocking” and warned that such actions could set a precedent for the unlawful removal of even U.S. citizens.
“The government is asserting a right to stash away residents of this country in foreign prisons without the semblance of due process,” the court wrote in a widely cited opinion. It further warned that “reducing the rule of law to lawlessness” would undermine core constitutional values.
The Supreme Court declined to fully intervene in the matter but left intact a lower court ruling requiring the government to facilitate Abrego Garcia’s return and treat his case as if the deportation had never occurred.
Attorney General Pamela Bondi has previously said Abrego Garcia was identified as a member of MS-13 by multiple sources, but acknowledged that he has no known criminal convictions in the United States. He has denied any gang affiliation and says he lived peacefully in Maryland for more than a decade.
Despite public remarks by Salvadoran President Nayib Bukele in April suggesting he would not allow Abrego Garcia to be returned to the U.S., the reversal appears to have come amid diplomatic talks and the pending criminal charges.
Abrego Garcia’s legal team has not publicly commented on the indictment. It remains unclear whether his deportation will continue to be challenged in civil court, or how the new charges may affect his immigration status.
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