The Truth About Kilmar Abrego Garcia
Kilmar Abrego Garcia is not just a “Maryland father” caught up in a bureaucratic mess. He is a criminal alien who entered our country illegally in 2011. That’s a federal crime under 8 U.S.C. § 1325, punishable by fines or up to six months in prison for a first offense. And his case didn’t end with one illegal entry.
He is a documented MS-13 gang member, a group rightly labeled “barbaric” by the Department of Homeland Security for its involvement in rape, child trafficking, and brutal murders. In El Salvador alone, MS-13 and its rival gangs were responsible for 20,000 murders in just three years (Crisis Group). ICE labeled Abrego Garcia a “verified” gang member and opposed his bond based on police reports that tied him directly to gang activity. El Salvador’s own president stated that Abrego Garcia is wanted there for human trafficking.
This is not a man we should be defending as some misunderstood immigrant. He’s had multiple hearings in U.S. immigration courts over more than a decade. In fact, he lost at least three separate deportation cases. He is, by every legal definition, removable from the United States.
Here’s where it gets complicated: in 2020, Immigration Judge David M. Jones granted him withholding of removal to El Salvador, citing the risk of persecution by Barrio 18—a rival gang. This gang no longer exists That meant he couldn’t be deported specifically to El Salvador, but it didn’t erase the deportation order. It simply restricted the destination.
ICE, however, deported him to El Salvador anyway on March 15, 2025, which the Trump administration later acknowledged as an “administrative error.” That act violated the court order, and on April 4, 2025, Judge Paula Xinis ruled that it was illegal under U.S. law, ordering his return on the grounds that he would face “irreparable harm” in El Salvador’s infamous CECOT prison.
That’s the due process failure—not what’s happening in El Salvador now. Once he was removed, jurisdiction transferred to their government.
This raises a broader question: Should the United States dictate to El Salvador what they do with their own citizens—especially one they claim is an MS-13 gang leader wanted for trafficking? Their president is leading a national crackdown on violent gangs, with over 80,000 gang arrests since 2022, many without formal charges. That may not reflect our due process standards, but it’s not our system to control.
Some say it’s wrong to detain someone without charges. Fair point—but that’s El Salvador’s call, not ours. The only due process violation on our end was ICE deporting him to a country he was protected from. That doesn’t make him a martyr. It makes ICE negligent—but it doesn’t absolve Abrego Garcia of his criminal past or gang ties.