Kilmar Abrego Garcia was supposed to be safe in the US – a federal judge had said so. Now, he’s in a Salvadoran jail as the Trump administration defends his deportation, framing him as a violent MS-13 gang member. His family and lawyers strongly deny any gang ties.
Abrego Garcia, a Salvadoran living in the eastern state of Maryland and married to a US citizen, was arrested on March 12 by immigration police. He was then deported on March 15 to a notorious prison in El Salvador as part of President Donald Trump’s migration crackdown.
The push to brand him as dangerous escalated this week after the Department of Homeland Security (DHS) released documents outlining his past law enforcement encounters, none of which led to criminal convictions.
The case has turned political, with Democratic Senator Chris Van Hollen of Maryland visiting El Salvador to meet his deported constituent, calling it an “illegal abduction.”
The White House slammed the senator’s trip and accused Democrats and the media of soft-pedalling Abrego Garcia’s alleged record. White House press secretary Karoline Leavitt labelled him a gang member and “apparent woman beater.”
What Documents Said
New police documents show Abrego Garcia was arrested in March 2019 at a Maryland Home Depot, CNN reported. Police claimed two men discarded items, later found to be marijuana. While one man was identified as an MS-13 member, Abrego Garcia was not charged but was detained by immigration officials.
The documents described Abrego Garcia’s clothing – including a hoodie and Chicago Bulls hat – as resembling gang-related attire. An unnamed informant claimed he was part of MS-13’s Westerns clique, though this was never substantiated in court.
At the time, he was also allegedly linked to a murder investigation, though the records provided no details, and no charges were filed.
Despite inconsistent statements about his fear of returning to El Salvador, immigration judge David Jones found Abrego Garcia credible. The court granted him withholding of removal – a ruling that protected him from deportation based on the risk of persecution.
The DHS also released a 2021 protective order filed by Abrego Garcia’s wife, Jennifer Vasquez Sura, which she later dropped. In the complaint, she cited an argument that turned physical, leaving her injured. However, she later said the order was a precaution based on past trauma and that the couple resolved their issues through counseling.
“Things did not escalate, and I decided not to follow through with the civil court process,” she said. “Our marriage only grew stronger in the years that followed.”
She maintains that the order should not be used as grounds for deportation.
In late 2022, Abrego Garcia was stopped in Tennessee for speeding while driving a group of people. The DHS report, released Friday, suggested potential human trafficking due to the number of passengers and the lack of luggage. DHS spokesperson Tricia McLaughlin said the stop “reeked of human trafficking.”
However, no charges were filed. Vasquez Sura said her husband worked in construction and often transported workers.
“He was not charged with any crime or cited for any wrongdoing,” she said. “Unfortunately, Kilmar is currently imprisoned without contact with the outside world, which means he cannot respond to the claims or defend himself.”
The federal judge overseeing the case has repeatedly asked the Justice Department for evidence to support the deportation. So far, officials have provided no formal charges or convictions against Abrego Garcia.
Legal Fallout
According to David Bier, director of immigration studies at the Cato Institute, immigration judges often default to law enforcement claims, even if unverified.
“Any derogatory information, no matter how weak, is going to tip the scales against release in that situation,” Bier said. “The burden of proof is on the applicant.”
Though the Trump administration had the option to appeal the 2019 decision protecting Abrego Garcia from deportation, it did not – effectively leading to his release.