The case of Kilmar Abrego Garcia, a 29-year-old Salvadoran man deported from the U.S. in March, has ignited a heated legal dispute regarding immigration policies. High-level judicial rulings, including decisions from the U.S. Supreme Court, have mandated that Mr. Abrego Garcia should be allowed to return to Maryland, asserting that his deportation was erroneous. Contrarily, the White House has labeled him as a member of the notorious MS-13 gang, a designated terrorist organization, firmly stating that he will "never live" in the U.S. again.
Mr. Abrego Garcia maintains he is not affiliated with the gang and has no criminal convictions. In an investigation exploring available court documents and public records, BBC Verify delves into his alleged connections with MS-13. Abrego Garcia confessed to entering the U.S. illegally in 2012. He was detained in March 2019 in Maryland alongside three others, observed by Prince George's County Police for "loitering." The police indicated that Mr. Abrego Garcia's attire—a Chicago Bulls hat and a hoodie—suggested gang affiliation, claiming this style to be emblematic of Hispanic gang culture.
Prominent journalist Steven Dudley confirmed that while the Chicago Bulls logo has cultural significance within MS-13, its association is not exclusive to the gang, noting that such claims need strong corroborative evidence. Local law enforcement reported being informed by a "reliable source" about Mr. Abrego Garcia’s gang involvement, allegedly holding the rank of "chequeo" in MS-13's "westerns clique." However, according to Dudley, "chequeo" refers to recruits awaiting initiation rather than a formal rank.
His defense attorneys argue that evidence against him is weak, asserting that the "westerns clique" is based in New York—where Abrego Garcia has never lived. They've pointed out that he has not faced any allegations of criminal conduct in either the U.S. or El Salvador during his 14 years residing in America, where he worked in construction and cared for his three children. Nevertheless, a presiding judge ruled there was sufficient reason for suspicion regarding his alleged gang membership, which led to his denial of bail and ongoing detention. During this time, he sought asylum to block his return to El Salvador, where he claimed he could face harm due to threats from Barrio-18, a rival gang to MS-13.
After being granted a "withholding of removal" order in late 2019, which prevented his deportation, Mr. Abrego Garcia has reportedly complied with mandatory yearly check-ins with immigration officials.
Furthermore, Mr. Abrego Garcia has contended with additional allegations, none resulting in conviction. In 2021, his wife, Jennifer Vasquez Sura, filed for a protective order, claiming domestic violence incidents. However, she later withdrew from pursuing legal actions, asserting they resolved their issues privately through counseling, repeatedly asserting his innocence concerning gang affiliations.
In an additional layer to the accusations, White House Press Secretary Karoline Leavitt suggested associations with human trafficking, referencing a 2022 incident where Mr. Abrego Garcia was reportedly stopped by a highway patrol officer in Tennessee while transporting seven individuals. Those claims remain unverified as investigations are initiated to confirm the details. As this multi-faceted case unfolds, it strikes at the heart of the ongoing discourse surrounding immigration and public safety.
