Kilmar Abrego Garcia, the Maryland construction worker who was deported to El Salvador and then returned to the U.S. to face charges of smuggling, has been taken into custody by U.S. immigration officials just days after being released from prison.
The 30-year-old Salvadoran national surrendered Monday to U.S. immigration authorities in Baltimore and now faces the threat of deportation. It's not clear if such a deportation would occur before Abrego Garcia's trial for smuggling.
“Today, ICE law enforcement arrested Kilmar Abrego Garcia and are processing him for deportation,” Homeland Security Secretary Kristi Noem said in a statement obtained by Scripps News. “President Trump is not going to allow this illegal alien, who is an MS-13 gang member, human trafficker, serial domestic abuser, and child predator to terrorize American citizens any longer.”
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In July, a judge barred Immigration and Customs Enforcement from immediately taking Abrego Garcia into custody if he was released. U.S. District Judge Paula Xinis ordered the U.S. government to provide notice of three business days if ICE intends to initiate deportation proceedings against him.
Noem released a statement condemning Judge Xinis for releasing Abrego Garcia.
“Activist liberal judges have attempted to obstruct our law enforcement every step of the way in removing the worst of the worst criminal illegal aliens from our country," she said on Friday. "Today, we reached a new low with this publicity hungry Maryland judge mandating this illegal alien who is a MS-13 gang member, human trafficker, serial domestic abuser, and child predator be allowed free."
His attorneys added that Abrego Garcia's case was part of the government's larger strategy to retaliate against him for fighting his deportation to El Salvador.
"On Friday evening, the government informed Mr. Abrego that he has until first thing Monday morning—precisely when he must report to ICE’s Baltimore Field Office—to accept a plea in exchange for deportation to Costa Rica, or else that offer will be off the table forever. There can be only one interpretation of these events: the DOJ, DHS, and ICE are using their collective powers to force Mr. Abrego to choose between a guilty plea followed by relative safety, or rendition to Uganda, where his safety and liberty would be under threat," his attorneys wrote.
Homeland Security officials say that Abrego Garcia is subject to immediate deportation as a migrant not lawfully present in the U.S.
He was among more than 200 undocumented migrants who were deported to El Salvador in March. However, his circumstances were extraordinary because he had a standing court order that prohibited his return to El Salvador after he had proven in court that he feared for his safety if he returned to his country of birth.
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Once Abrego Garcia was returned to the U.S., federal officials accused him of being involved in human trafficking, allegations that stemmed from a 2022 traffic stop. Federal prosecutors allege Abrego Garcia “played a significant role in an undocumented alien smuggling ring that has resulted in thousands of undocumented aliens being illegally transported into and throughout the United States.”
Even though he was not arrested or charged then, officials brought charges earlier this year. Abrego Garcia has pleaded not guilty to the charges.
Scripps News obtained video of the traffic stop, which shows Abrego Garcia telling a Tennessee state trooper that he was taking the men to a construction site in St. Louis, Missouri.
"You've got a bunch of people here, don't you?" the trooper says in the footage. Abrego Garcia replies that he is driving the men to work.
Another trooper is then seen telling the first trooper that he believes Abrego Garcia is transporting the individuals for money.
“There’s eight people in there, right?” the trooper says. “They don’t have any luggage in there, right? If you get them out, they’re going to have toothpaste and toothbrushes in the pockets.”
One of the troopers ran Abrego Garcia’s driver’s license and discussed detaining him, but ultimately let him go with a warning for speeding.
Abrego Garcia’s wife has said her husband would often drive people from one job site to another, disputing allegations that he was doing anything illegal.
The Trump administration, however, has portrayed him as a "known MS-13 gang member, human trafficker, wife beater, and child predator" — claims his supporters deny.
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Attorney General Pam Bondi shared arrest records on social media in April, which claim Abrego Garcia was identified as an active member of MS-13 after being arrested in 2019 in connection to a murder investigation.
One of the documents from the U.S. Department of Homeland Security states that authorities made contact with Abrego Garcia and two other individuals outside of a Maryland Home Depot, and they all "freely admitted being citizens" of El Salvador and "were present in the United States illegally." They were all then taken into custody.
According to the Prince George County Police Department in Maryland, Abrego Garcia was wearing a Chicago Bulls hat at the time of his arrest, which allegedly symbolizes a "member in good standing" with MS-13. Authorities claim Abrego Garcia was also wearing a hoodie that symbolized what they describe as being "indicative" of Hispanic gang culture.
The document then states that a confidential source confirmed to police that Abrego Garcia was an active member of MS-13. He was ultimately charged with being in the U.S. illegally and had "no immigration history" at his time of arrest, according to the Department of Homeland Security.
