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Legal Dispute Arises Over US Deportation of Salvadoran Man Amid Gang Allegations
A legal battle is intensifying over the deportation of Kilmar Abrego Garcia, a 29-year-old El Salvador native, from the United States in March, raising critical questions about the administration’s immigration policies. Despite rulings from US courts, including the Supreme Court, stating Mr. Abrego Garcia’s deportation was erroneous and the government should aid his return to Maryland, the White House maintains a firm stance. They allege he is affiliated with MS-13, a transnational Salvadoran gang designated as a foreign terrorist organization, asserting he “will never live” in the US again. Mr. Abrego Garcia denies any gang involvement and has no criminal convictions. This article, based on examination of court documents and public records by BBC Verify, explores the evidence, both confirmed and unconfirmed, regarding Mr. Abrego Garcia and his purported MS-13 connections.
Examining Alleged MS-13 Connections
Court documents indicate Mr. Abrego Garcia admitted to entering the US without authorization in 2012. His alleged ties to MS-13 surfaced in March 2019 when he was apprehended in Hyattsville, Maryland, alongside three others in a Home Depot parking area.
Prince George’s County Police Department officers, citing “loitering,” identified Mr. Abrego Garcia and two companions as MS-13 members. This assessment was documented in a “Gang Field Interview Sheet,” detailing the officers’ observations.
According to the report, Mr. Abrego Garcia was wearing a “Chicago Bulls hat and a hoodie with rolls of money covering the eyes, ears and mouth of the presidents on the separate denominations.”
Law enforcement officials asserted this attire was “indicative of Hispanic gang culture” and that “wearing the Chicago Bulls hat represents thay (sic) they are a member in good standing with the MS-13.”
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Steven Dudley, a journalist and expert on MS-13, confirmed the Chicago Bulls logo with horns has become symbolically associated with the gang’s devil horns imagery. However, he stressed that wearing such merchandise is not exclusive to gang members.
“Any claims about gang affiliation would require corroboration through testimony, criminal history, and other supporting evidence,” Mr. Dudley stated.
The field interview sheet and further court documents reveal officers also cited a “proven and reliable source” alleging Mr. Abrego Garcia was an active member of MS-13’s “westerns clique” holding the rank of “chequeo.”
Countering this, Mr. Dudley clarified that “chequeo” designates recruits awaiting initiation, not a formal rank within the gang.
Conflicting Accounts and Legal Arguments
Legal representatives for Mr. Abrego Garcia argued in court submissions that the “westerns clique” operates in New York, a location where their client has never resided. Government records show Mr. Abrego Garcia dismissed the police information against him as “hearsay.”
His legal team emphasized that Mr. Abrego Garcia has no criminal convictions, gang-related or otherwise, in the US or El Salvador. He resided in the US for 14 years, fathered three children, and was employed in construction, court files state.
Despite these arguments, the judge in his 2019 case deemed the confidential information sufficient to establish Mr. Abrego Garcia’s gang membership. This determination was subsequently upheld by another judge.
Consequently, Mr. Abrego Garcia was denied bail and remained in detention. He then sought asylum to prevent his deportation to El Salvador.
In October 2019, he received a “withholding of removal” order, according to court documentation. This status, distinct from asylum, legally barred the US government from deporting him to El Salvador due to potential dangers he might face.
Mr. Abrego Garcia’s lawyers asserted this status was granted based on his “well-founded” fear of persecution by Barrio-18, MS-13’s primary rival gang.
He stated that prior to his US entry, his family and their business in El Salvador had been targets of threats and extortion by Barrio-18.
Since his release in 2019 with the protective order, Mr. Abrego Garcia has consistently attended annual check-ins with immigration officials “without fail and without incident,” his legal team affirms.
Other Allegations of Misconduct
Beyond the gang allegations, Mr. Abrego Garcia has been subject to at least two other accusations of unlawful conduct, neither resulting in convictions.
Domestic Matter
In 2021, Jennifer Vasquez Sura, Mr. Abrego Garcia’s wife, filed a protective order petition citing instances of alleged physical assault, according to documents from the Department of Homeland Security.
However, in an April 16 statement, Ms. Vasquez Sura indicated she chose not to pursue court action and that she and her husband “were able to work through this situation privately as a family, including by going to counseling.”
She characterized her husband as “a loving partner and father” and has consistently denied his involvement with MS-13.
Human Trafficking Claim
On April 15, White House press secretary Karoline Leavitt publicly accused Mr. Abrego Garcia of involvement in human trafficking activities.
This accusation appeared to stem from a report by The Tennessee Star, a conservative news outlet, which claimed Mr. Abrego Garcia was detained by a Tennessee highway patrol officer in December 2022 on suspicion of human trafficking.
A Department of Homeland Security report indicated he was stopped for traffic violations – speeding and improper lane usage.
The presence of eight passengers without luggage in the vehicle reportedly led the officer to consider potential human trafficking.
Nevertheless, no formal human trafficking charges were filed against Mr. Abrego Garcia.
“Kilmar worked in construction and sometimes transported groups of workers between job sites, so it’s entirely plausible he would have been pulled over while driving with others in the vehicle,” Jennifer Vasquez Sura explained regarding the incident.