Wrongfully Deported Man Faces Federal Charges in Migrant Smuggling Case

Kilmar Abrego Garcia, a Salvadoran man, is scheduled to appear in a Nashville courtroom for his arraignment. He faces federal prosecution after being charged with participating in a long-term conspiracy to traffic undocumented migrants into the United States.

Abrego Garcia is charged with one count of conspiracy to transport aliens and one count of unlawful transportation of undocumented aliens. A grand jury in Tennessee had previously returned a sealed indictment against him. The charges were made public when it was announced that Abrego Garcia had been returned to the U.S. to face them. If convicted, he would serve his sentence in a federal prison and then be deported to El Salvador.

Federal prosecutors have requested that Abrego Garcia be detained during the court proceedings, citing concerns that he poses a danger to the community and is a flight risk. They allege he is a member of the MS-13 gang, a claim his attorney and family deny. Prosecutors also claim there is a risk he would intimidate witnesses.

Abrego Garcia's lawyers have accused the Trump administration of abusing its power and engaging in "delay and secrecy" in the process of returning him to the U.S. A judge in Maryland had ordered his return, but the Justice Department delayed for months before bringing him back.

The indictment alleges that between 2016 and 2025, Abrego Garcia conspired with others to bring migrants from Latin American countries into the U.S., via Mexico and the Texas border. Prosecutors claim he and a co-conspirator would transport the migrants, using "cover stories" if stopped by law enforcement. The indictment alleges that Abrego Garcia and his co-conspirators "knowingly and unlawfully transported thousands" of migrants.

Abrego Garcia was deported to El Salvador in March after being arrested in Maryland, where he had lived since 2011. After a lawsuit, an immigration official acknowledged the deportation was an administrative error. In 2019, an immigration judge granted him withholding of removal, preventing his deportation to El Salvador due to potential gang persecution.

A Maryland judge ordered the Trump administration to facilitate Abrego Garcia's return, a decision largely affirmed by the Supreme Court. However, the administration resisted, arguing the judge lacked authority. Abrego Garcia was initially held in a high-security prison in El Salvador but was later transferred to a lower-security facility. The Salvadoran government agreed to release him to face the U.S. charges.

Abrego Garcia's attorneys are also seeking to keep the civil case active, criticizing a Justice Department filing that claimed the judge's order had been fulfilled. They called the administration's handling of the case a "pure farce" and requested contempt proceedings and sanctions. The Justice Department responded that it had complied with the court order and would file a motion to dismiss the case.