Key Facts

Trump Officials Repeatedly Said They Would Not Bring Abrego Garcia Back To The U.s.

The Trump administration insisted prior to Abrego Garcia’s indictment he would not be brought back to the United States. Bondi said in April that Abrego Garcia was “not coming back to our country,” and said that if Bukele returned him, the U.S. would send him back to El Salvador. (Bukele said days prior to Bondi’s comment he did not have the authority to return him.) Homeland Security Secretary Kristi Noem said during a March testimony to Congress that Abrego Garcia “will never” return to the U.S., saying if “he were to come back to this country, he would be immediately removed again.” Similarly, White House’s immigration lead, Stephen Miller, said in an Oval Office meeting with Trump that if Bukele returned Abrego Garcia, “he would be deported the second time to El Salvador,” and White House Press Secretary Karoline Leavitt told reporters, “There is never going to be a world in which this is an individual who is going to live a peaceful life in Maryland.”

What To Watch For

Abrego Garcia will now be prosecuted in the U.S. for his criminal charges, and it’s unclear how long that could take. Bondi said Friday that Abrego Garcia will return to El Salvador after his prosecution is over and he finishes serving any potential sentence, if convicted.

What Does The Indictment Allege?

The indictment alleges Abrego Garcia and other alleged co-conspirators “conspired to bring undocumented aliens to the U.S. from countries such as Guatemala, El Salvador, Honduras, Ecuador and elsewhere,” despite knowing they were undocumented. Abrego Garcia allegedly “knowingly and unlawfully” transported “thousands” of undocumented migrants, charging them money for the transportation, the indictment alleges, and the government claims Abrego Garcia and his co-conspirators worked with known criminal groups including MS-13. The indictment also alleges Abrego Garcia would sometimes transport firearms and narcotics for resale in Maryland, and that he and his co-conspirators would intentionally change their routes and use cover stories to evade detection. Abrego Garcia and his co-conspirators allegedly transported people using “unsafe” methods, such as transporting children in the “floorboards of vehicles.” The indictment also details an alleged instance in which Abrego Garcia and others were pulled over by law enforcement in Tennessee, and Abrego Garcia allegedly lied and said they were traveling from working on a construction job in St. Louis.

Who Is Kilmar Abrego Garcia?

Abrego Garcia is a father of three who lived with his wife and children in Maryland before being deported in March. He first entered the U.S. illegally at age 16 in 2012, and had resided in the country since, going on to marry a U.S. citizen. In 2019, Abrego Garcia was arrested in the parking lot of a Home Depot on allegations that he and other people were “loitering,” and law enforcement accused him of being a member of MS-13, citing the fact he was wearing Chicago Bulls clothing. Abrego Garcia and his family have denied that he has any associations with the gang, and experts cited by the BBC have cast doubt on the Trump administration’s evidence tying him to MS-13. He was not charged at the time with any crimes. A judge granted Abrego Garcia “withholding of removal” in 2019, which gave him temporary protections from deportation and work authorization in the U.S., and prohibited the government from deporting Abrego Garcia to El Salvador specifically, given the possibility he could face gang violence if he returned. Abrego Garcia was then pulled over by immigration enforcement officials on March 12 and subsequently detained and sent to El Salvador, prompting a legal battle over his removal that had not yet been resolved as of his reported return to the U.S.

Key Background

Abrego Garcia has become a focal point in the Trump administration’s efforts to clamp down on immigration and ramp up deportations. The Maryland man was one of hundreds of people removed from the U.S. through deportation flights this year that Trump carried out under an 18th century law known as the Alien Enemies Act. The deportations, which included people with no criminal records, have been challenged in court, with a federal judge ruling last month the Trump Administration could not use the Alien Enemies Act to deport people it alleged were gang members. Deportation flights reached their highest point of Trump’s second term last month, according to The New York Times. The president has declared a national emergency at the southern border, bringing in U.S. military forces to supplement Border Patrol agents. Trump has also revoked thousands of international student visas in the wake of pro-Palestinian protests throughout several U.S. colleges last year and recently issued a travel ban on over a dozen countries mostly located in the Middle East and Africa, citing national security and public safety concerns.

Further Reading

The Conspiracy Behind Kilmar Abrego Garcia’s Tattoos Explained—After Trump Insists Doctored ‘MS-13’ Ink Is Real (Forbes)

Sen. Van Hollen Says Trump Administration Made $15 Million Deal With El Salvador To Imprison Deportees Including Abrego Garcia (Forbes)