Kilmar Abrego Garcia, a Salvadoran native who was mistakenly deported from the United States to El Salvador in March 2025, has been returned to the U.S. to face federal criminal charges, marking the conclusion of a months-long legal and political battle that highlighted tensions between the Trump administration and the federal judiciary.
On June 6, 2025, Abrego Garcia appeared in a federal courtroom in the Middle District of Tennessee just hours after his arrival from El Salvador. He faces a two-count indictment alleging conspiracy to unlawfully transport undocumented migrants for financial gain and unlawful transportation of illegal aliens. The indictment, unsealed that same day, accuses Abrego Garcia of playing a significant role in a sprawling human smuggling ring that operated for nearly a decade, moving thousands of undocumented migrants—including women, children, and alleged members of the Salvadoran gang MS-13—across the United States.
Attorney General Pam Bondi announced the indictment at a Department of Justice press conference, thanking Salvadoran President Nayib Bukele for agreeing to return Abrego Garcia to the U.S. "This is what American justice looks like," Bondi said. She detailed how a federal grand jury found that over the past nine years, Abrego Garcia had been a "full-time smuggler of humans and children and women," participating in more than 100 trips transporting migrants from Texas to various parts of the country. The indictment alleges that Abrego Garcia and co-conspirators communicated using cellphones and social media, often confiscating migrants' phones during transport to prevent outside contact. Vehicles were allegedly modified for these trips, sometimes with children forced to travel on floorboards.
The indictment specifically references a November 2022 incident when Abrego Garcia was stopped by the Tennessee Highway Patrol while driving a Chevrolet Suburban with nine other Hispanic male passengers who lacked identification and luggage. Despite suspicions of human trafficking, he was not charged at the time and was only given a warning for an expired driver's license. The Department of Homeland Security later released a report describing this stop and noting that the passengers had listed the same address as Abrego Garcia.
Abrego Garcia's attorney, Simon Sandoval-Moshenberg, denounced the charges as "an abuse of power" and accused the government of "playing games with the court and with a man's life." He criticized the Trump administration for failing to correct the error of deporting Abrego Garcia and instead prosecuting him, stating, "Due process means the chance to defend yourself before you're punished, not after." Sandoval-Moshenberg emphasized that his client would "vigorously defend" against the allegations and that the case raised broader concerns about protecting constitutional rights for all.
The decision to pursue criminal charges against Abrego Garcia sparked controversy within the Department of Justice. Ben Schrader, chief of the criminal division in the U.S. Attorney's Office for the Middle District of Tennessee, resigned abruptly in May 2025 amid internal disagreements and concerns that the case was politically motivated. Schrader had served nearly 15 years with the DOJ and declined to comment on his resignation.
Abrego Garcia was originally deported in March 2025 to El Salvador's notorious CECOT mega-prison despite a 2019 immigration court order barring his removal to El Salvador due to credible fears of persecution from local gangs. The Trump administration admitted the deportation was an "administrative error" but justified it by alleging Abrego Garcia was a member of MS-13, a claim his family and lawyers vehemently deny. In fact, Abrego Garcia had lived in Maryland for 13 years with his wife, a U.S. citizen, and their children, working in construction and raising a family.
The deportation led to a protracted legal battle, with U.S. District Judge Paula Xinis ordering the government to facilitate Abrego Garcia's return. The case escalated to the U.S. Supreme Court, which in April 2025 unanimously ruled that the administration must "facilitate" his return, though it did not specify a deadline. Despite this, the Trump administration resisted, citing diplomatic hurdles and Salvadoran President Bukele's initial refusal to release Abrego Garcia.
Senator Chris Van Hollen (D-Md.) traveled to El Salvador in April 2025 to meet with Abrego Garcia and advocate for his return, describing the administration's delay as a violation of constitutional rights. Van Hollen welcomed Abrego Garcia's return, stating that the Trump administration had "finally relented to our demands for compliance with court orders and with the due process rights afforded to everyone in the United States." Meanwhile, Maryland Representative Glen Ivey was denied entry to visit Abrego Garcia in El Salvador in late May, highlighting the ongoing diplomatic sensitivities.
The indictment also alleges that Abrego Garcia and his co-conspirators managed financial transactions to conceal the origin of payments received from migrants, and that they sometimes transported narcotics, though he faces no drug-related charges. The indictment names several unnamed co-conspirators but charges only Abrego Garcia.
Attorney General Bondi praised the investigation, asserting that "thanks to the bright light that has been shined on Abrego Garcia—this investigation continued with actually amazing police work, and we were able to track this case and stop this international smuggling ring from continuing." Department of Homeland Security Secretary Kristi Noem echoed these sentiments, calling Abrego Garcia a "known MS13 gang member, human trafficker, and serial domestic abuser."
Abrego Garcia appeared in court shackled and accompanied by a public defender, who requested his release pending trial. However, U.S. Magistrate Judge Barbara Holmes ordered that he remain in federal custody due to concerns about flight risk and danger to the community. His next hearing is scheduled for June 13, 2025, where arraignment and detention issues will be addressed.
The controversial case underscores the complexities of immigration enforcement, due process, and the political dynamics surrounding deportation policies. It also raises questions about administrative errors and the consequences faced by individuals caught in the crossfire of aggressive immigration crackdowns.
As the legal proceedings unfold, Abrego Garcia’s case will continue to be a focal point for debates over the balance between national security, immigration control, and human rights protections in the United States.
