Kilmar Ábrego García, a 29-year-old Salvadorian, returned to the United States on Friday to face federal criminal charges after being deported to El Salvador in March. Yet he was dealt deportation despite having a judicial order established to shield him from being eliminated. Unfortunately, this incident raises troubling legal and political questions regarding how U.S. immigration policies are designed and how they target individuals.
García had fled gang violence in El Salvador and first immigrated to the U.S. without authorization around 2011. He has since re-established his life in Maryland, along with his wife and their young son, both U.S. citizens. From 2016 to 2025, he completed over 100 roundtrips between Texas and Maryland, sometimes smuggling undocumented immigrants.
In March, García was deported despite a ruling by federal judge Paula Xinis, who ordered that the government “properly requires the government to ‘facilitate’ Ábrego García’s release from custody in El Salvador and to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador.” The Trump administration eventually admitted the deportation had been an “administrative error,” leading to much closer inspection.
Upon his return, García is immediately charged with serious crimes. A little over a week ago, a federal grand jury in Tennessee indicted him on illegal smuggling of undocumented persons and conspiracy to commit same charges. According to prosecutors, he was personally aided in this endeavor by at least five co-conspirators. Collectively, they moved the immigrants in a cutter trailer that crashed in Mexico in 2021, causing dozens of deaths. On top of that, García is accused of transporting illegal firearms and drugs.
Innocent until proven guilty, and needing to plead at arraignment—the next court event, set for June 13. Until Friday’s indictment, he was without any criminal charge in the U.S. If convicted, he would serve his sentence and then be deported to El Salvador.
He said that the government “finally buckled” after feeling the heat from the government’s seemingly catastrophic handling of García’s case. He emphasized that this matter transcends individual circumstances:
“It’s about his constitutional rights – and the rights of all.” – Chris Van Hollen
Legal advocate Simon Sandoval-Moshenberg criticized the government’s actions, asserting that García was wrongfully removed “to a foreign prison in violation of a court order.” He argued that the return of García serves primarily as a means of prosecution rather than a corrective action for the earlier mistake:
“Now, after months of delay and secrecy, they’re bringing him back, not to correct their error but to prosecute him.” – Simon Sandoval-Moshenberg
President Nayib Bukele of El Salvador referred to García’s return as “the return of a gang member to face charges,” reflecting broader concerns about immigration and crime in both nations.
“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.” – Simon Sandoval-Moshenberg
President Nayib Bukele of El Salvador referred to García’s return as “the return of a gang member to face charges,” reflecting broader concerns about immigration and crime in both nations.