Trump administration officials have confirmed that Kilmar Abrego Garcia, a Salvadoran national previously accused of MS-13 gang activities, will face U.S. legal proceedings for human smuggling before being deported. The Department of Justice (DOJ) and White House officials emphasize that Abrego Garcia will not be released in the United States and will instead serve time in American prisons if convicted, before being sent back to his home country.
This decision comes after a recent court ruling where Garcia’s lawyers sought to keep him detained to prevent immediate deportation. However, the administration insists on pursuing the charges against him within the U.S. legal system. DOJ spokesperson Chad Gilmartin stated, “This defendant has been charged with horrific crimes including trafficking children and will not walk free in our country again.” The White House further clarified its stance following reports that federal prosecutors might consider deporting him to a third country. Deputy Press Secretary Abigail Jackson dismissed these claims as “fake news,” asserting that Garcia will face the full force of the American justice system.
Abrego Garcia, who was living in Maryland, was deported to El Salvador amid accusations of being an MS-13 gang member, a designation that the U.S. government has classified as a foreign terrorist organization. During his detainment in El Salvador, past records of domestic abuse were revealed, as well as allegations of his involvement in human smuggling, which eventually led to the federal charges that resulted in his return to U.S. custody. While in El Salvador, he was held at a terrorism confinement center, prompting a political firestorm in which Democrats raised concerns about due process and some lawmakers, including Sen. Chris Van Hollen, met with him in the country.
Critics have accused the Trump administration of using the charges as a political move, citing the timing of the indictment as an attempt to cover up negligence in the deportation process. The Tennessee Immigrant and Refugee Rights Coalition pointed out that while the administration had previously stated it would not return Garcia to the U.S., the charges now allow him to have his day in court, as guaranteed by the Constitution. Nonetheless, the Trump administration maintains that Garcia will face the full weight of the U.S. legal system, reinforcing its commitment to enforcing immigration and criminal laws for individuals alleged to have committed serious crimes.