Kilmar Abrego Garcia, a Maryland resident mistakenly deported to El Salvador in March despite a federal court order, is now back in the U.S.—but may soon face deportation again, even before standing trial on federal charges.
Abrego Garcia’s initial deportation sparked national outrage. A 2019 court order had explicitly barred his removal due to credible fears he would face gang violence in El Salvador. Despite this, U.S. immigration authorities deported him in what officials later described as an “administrative error.” He was held in a Salvadoran prison for weeks before being returned to the U.S. earlier this month.
Now back on U.S. soil, Abrego Garcia faces two federal charges: conspiracy to unlawfully transport undocumented immigrants for profit and unlawful transportation of undocumented immigrants. Prosecutors allege he played a central role in a smuggling network moving thousands of migrants—some allegedly connected to MS-13—between Texas and Maryland. Abrego Garcia and his family deny any gang ties, insisting he fled El Salvador to escape such violence.
In a controversial move, the Justice Department recently informed the court that the Trump administration may attempt to deport Abrego Garcia again—this time before his criminal trial takes place. His defense attorney, Simon Sandoval-Moshenberg, called the move a violation of due process and a sign of political interference.
“This shows they were playing games with the court all along,” Sandoval-Moshenberg said. “They’re trying to deport him again before he ever has a chance to defend himself.”
The case has triggered internal conflict within the Justice Department. Ben Schrader, head of the criminal division at the U.S. Attorney’s Office in Nashville, reportedly resigned over disagreements tied to how the case was being handled.
Despite the backlash, the Trump administration has defended its actions. President Donald Trump praised immigration officials for securing Abrego Garcia’s return to the U.S., characterizing the charges as justification for further removal efforts.
A federal judge is scheduled to review Abrego Garcia’s detention status and decide whether he will remain in custody or face deportation again before his trial.
Democratic lawmakers, including Maryland Senator Chris Van Hollen—who visited Abrego Garcia during his detention in El Salvador—have condemned the case as a glaring example of systemic failures in immigration enforcement and constitutional protections.
“This isn’t just about one man,” Van Hollen said. “This is about whether our government can trample court orders and due process without consequence.”
