Latest news with #humansmuggling
The Guardian
08-07-2025
- Politics
- The Guardian
Ábrego García will be deported again if released from jail before trial, says DoJ attorney
The US government would initiate deportation proceedings against Kilmar Ábrego García if he's released from jail before he stands trial on human smuggling charges in Tennessee, a justice department attorney told a federal judge in Maryland on Monday. The disclosure by US lawyer Jonathan Guynn contradicts statements by spokespeople for the justice department and the White House, who said last month that Ábrego García would stand trial and possibly spend time in an American prison before the government moves to deport him. Guynn made the revelation during a federal court hearing in Maryland, where Ábrego García's wife, a US citizen, is suing the Trump administration over his mistaken deportation in March and trying to prevent him from being expelled again. Guynn said US Immigrations and Customs Enforcement would detain Ábrego García once he's released from jail and send him to a 'third country' that isn't his native El Salvador. However, Guynn said he didn't know which country that would be. Paula Xinis, a US district judge, said trying to determine what will happen to Ábrego García has been 'like trying to nail Jello to a wall'. She scheduled a hearing for Thursday for US officials to explain possible next steps if Ábrego García is released. Ábrego García's case became a flashpoint over Donald Trump's immigration policies when he was deported in March to a notorious mega prison in his native El Salvador. The Trump administration claimed he was in the MS-13 gang, although Ábrego García was never charged with a crime and has repeatedly denied the allegation. In recent court filings, Ábrego García's lawyers wrote that he had been tortured while being held at the so-called Terrorism Confinement Center (Cecot) in El Salvador. He and 20 other men 'were forced to kneel from approximately 9:00 PM to 6:00 AM' according to the filing, and Ábrego García was beaten and threatened. When the Trump administration deported Ábrego García, it violated a US immigration judge's order in 2019 that shielded him from being sent to his native country. The judge had determined that Ábrego García likely faced persecution by local gangs that had terrorized him and his family and prompted him to flee to the US. For months, the Trump administration said that it had no ability to bring back Ábrego García or any of the more than 200 men that the government had sent to Cecot. 'DHS does not have authority to forcibly extract an alien from the domestic custody of a foreign sovereign nation,' the Department of Homeland Security's general counsel said in one court filing. However, in a new filing Monday, officials from El Salvador told the United Nations 'the jurisdiction and legal responsibility' for the men that the US deported to Cecot – most of whom were Venezuelan nationals with no ties to El Salvador, and no criminal records – lies 'exclusively with' the US. Facing increasing pressure and a supreme court order, the Trump administration returned Ábrego García to the US last month to face federal human smuggling charges. The charges stem from a 2022 traffic stop for speeding in Tennessee, during which Ábrego García was driving a vehicle with nine passengers without luggage. Ábrego García has pleaded not guilty. His lawyers told a judge that some government witnesses cooperated to get favors regarding their immigration status or criminal charges they were facing. They've also accused the Trump administration of bringing Ábrego García back 'to convict him in the court of public opinion' with the intention of deporting him before he can defend himself at trial. A federal judge in Nashville was preparing to release Ábrego García, determining he's not a flight risk or a danger. But she agreed to keep Ábrego García behind bars at the request of his own attorneys, who raised concerns the US would try to immediately deport him. In court documents, Ábrego García's lawyers cited 'contradictory statements' by the Trump administration. For example, Guynn told Xinis on 26 June that Ice planned to deport Ábrego García, though he didn't say when. Later that day, justice department spokesperson Chad Gilmartin told the Associated Press that it intends to try Ábrego García on the smuggling charges before it moves to deport him. Abigail Jackson, a White House spokesperson, posted on X that day that Ábrego García 'will face the full force of the American justice system – including serving time in American prison for the crimes he's committed'. Ábrego García's attorneys asked Xinis to order the government to take him to Maryland upon his release from jail, an arrangement that would prevent his deportation before trial. Ábrego García lived in Maryland for more than a decade, working in construction and raising a family. Xinis is still considering that request. Guynn told the judge on Monday that she doesn't have the jurisdiction to decide where Ábrego García would be detained. Xinis responded by asking why she couldn't order an 'interim step' to ensure that Ábrego García isn't 'spirited away again'. Andrew Rossman, an attorney for Ábrego García, said he should be given notice and an opportunity to challenge his removal in court. 'That's the baseline of what we're asking for,' he added. Meanwhile, Xinis denied the Trump administration's motion to dismiss the lawsuit over Ábrego García's mistaken deportation. The government had argued the litigation was moot because it returned him to the US. Xinis said 'the controversy' isn't over simply because he's back. Maanvi Singh contributed reporting
Yahoo
07-07-2025
- Politics
- Yahoo
US will try to deport Abrego Garcia before his trial, Justice Department attorney says
GREENBELT, Md. (AP) — The U.S. government would initiate deportation proceedings against Kilmar Abrego Garcia if he's released from jail before he stands trial on human smuggling charges in Tennessee, a Justice Department attorney told a federal judge in Maryland on Monday. The disclosure by U.S. lawyer Jonathan Guynn contradicts statements by spokespeople for the Justice Department and the White House, who said last month that Abrego Garcia would stand trial and possibly spend time in an American prison before the government moves to deport him. Guynn made the revelation during a federal court hearing in Maryland, where Abrego Garcia's American wife is suing the Trump administration over his mistaken deportation in March and trying to prevent him from being expelled again. Guynn said U.S. Immigrations and Customs Enforcement would detain Abrego Garcia once he's released from jail and send him to a 'third country' that isn't his native El Salvador. However, Guynn said he didn't know which country that would be. U.S. District Judge Paula Xinis said trying to determine what will happen to Abrego Garcia has been 'like trying to nail Jello to a wall." She scheduled a hearing for Thursday for U.S. officials to explain possible next steps if Abrego Garcia is released. Abrego Garcia became a flashpoint over President Donald Trump's immigration policies when he was deported in March to a notorious megaprison in his native El Salvador. The Trump administration claimed he was in the MS-13 gang, although Abrego Garcia was never charged with a crime and has repeatedly denied the allegation. When the Trump administration deported Abrego Garcia, it violated a U.S. immigration judge's order in 2019 that shielded him from being sent to his native country. The judge had determined that Abrego Garcia likely faced persecution by local gangs that had terrorized him and his family and prompted him to flee to the U.S. Facing increasing pressure and a Supreme Court order, the Trump administration returned Abrego Garcia to the U.S. last month to face federal human smuggling charges. The charges stem from a 2022 traffic stop for speeding in Tennessee, during which Abrego Garcia was driving a vehicle with nine passengers without luggage. Abrego Garcia has pleaded not guilty. His lawyers told a judge that some government witnesses cooperated to get favors regarding their immigration status or criminal charges they were facing. They've also accused the Trump administration of bringing Abrego Garcia back 'to convict him in the court of public opinion' with the intention of deporting him before he can defend himself at trial. A federal judge in Nashville was preparing to release Abrego Garcia, determining he's not a flight risk or a danger. But she agreed to keep Abrego Garcia behind bars at the request of his own attorneys, who raised concerns the U.S. would try to immediately deport him. In court documents, Abrego Garcia's lawyers cited 'contradictory statements' by the Trump administration. For example, Guynn told Xinis on June 26 that ICE planned to deport Abrego Garcia, though he didn't say when. Later that day, DOJ spokesperson Chad Gilmartin told The Associated Press that the Justice Department intends to try Abrego Garcia on the smuggling charges before it moves to deport him. White House spokesperson Abigail Jackson posted on X that day that Abrego Garcia "will face the full force of the American justice system — including serving time in American prison for the crimes he's committed.' Abrego Garcia's attorneys asked Xinis to order the government to take him to Maryland upon his release from jail, an arrangement that would prevent his deportation before trial. Abrego Garcia lived in Maryland for more than a decade, working construction and raising a family. Xinis is still considering that request. Guynn told the judge on Monday that she doesn't have the jurisdiction to decide where Abrego Garcia would be detained. Xinis responded by asking why she couldn't order an 'interim step' to ensure that Abrego Garcia isn't 'spirited away again.' Anrew Rossman, an attorney for Abrego Garcia, said he should be given notice and an opportunity to challenge his removal in court. 'That's the baseline of what we're asking for,' he added. Meanwhile, Xinis denied the Trump administration's motion to dismiss the lawsuit over Abrego Garcia's mistaken deportation. The government had argued the litigation was moot because it returned him to the U.S. Xinis said 'the controversy' isn't over simply because he's back. ___ This has been corrected to show that Jonathan Guynn is a civil division attorney with the Department of Justice, not a prosecutor. ___ Finley reported from Norfolk, Virginia.
Washington Post
07-07-2025
- Politics
- Washington Post
US will try to deport Abrego Garcia before his trial, Justice Department attorney says
GREENBELT, Md. — The U.S. government would initiate deportation proceedings against Kilmar Abrego Garcia if he's released from jail before he stands trial on human smuggling charges in Tennessee, a Justice Department attorney told a federal judge in Maryland on Monday. The disclosure by U.S. lawyer Jonathan Guynn contradicts statements by spokespeople for the Justice Department and the White House , who said last month that Abrego Garcia would stand trial and possibly spend time in an American prison before the government moves to deport him.
Wall Street Journal
13-06-2025
- Politics
- Wall Street Journal
Kilmar Abrego Garcia Pleads Not Guilty to Human Smuggling Charges
NASHVILLE—Kilmar Abrego Garcia, who was mistakenly deported to El Salvador by the Trump administration, pleaded not guilty to human smuggling charges on Friday, in an hourslong hearing in which a judge also weighed whether he should remain in custody awaiting trial. Abrego Garcia spent several months in Salvadoran prisons before the federal government brought him back to the U.S. to face charges that he was a key player in an international human smuggling ring with gang ties.
CTV News
07-06-2025
- Politics
- CTV News
Kilmar Abrego Garcia returned to the U.S., charged with transporting people in the country illegally
WASHINGTON — Kilmar Abrego Garcia, whose mistaken deportation to El Salvador became a political flashpoint in the Trump administration's stepped-up immigration enforcement, was returned to the United States on Friday to face criminal charges related to what the Trump administration said was a large human smuggling operation that brought immigrants into the country illegally. His abrupt release from El Salvador closes one chapter and opens another in a saga that yielded a remarkable, months-long standoff between Trump officials and the courts over a deportation that officials initially acknowledged was done in error but then continued to stand behind in apparent defiance of orders by judges to facilitate his return to the U.S. The development occurred after U.S. officials presented El Salvador President Nayib Bukele with an arrest warrant for federal charges in Tennessee accusing Abrego Garcia of playing a key role in smuggling immigrants into the country for money. He is expected to be prosecuted in the U.S. and, if convicted, will be returned to his home country of El Salvador at the conclusion of the case, officials said Friday. 'This is what American justice looks like,' U.S. Attorney General Pam Bondi said in announcing Abrego Garcia's return and the unsealing of a grand jury indictment. Abrego Garcia's attorneys called the case 'baseless.' 'There's no way a jury is going to see the evidence and agree that this sheet metal worker is the leader of an international MS-13 smuggling conspiracy,' attorney Simon Sandoval-Moshenberg said. Federal Magistrate Judge Barbara Holmes in Nashville, Tenn., determined that Abrego Garcia will be held in custody until at least next Friday, when there will be an arraignment and detention hearing. Abrego Garcia appeared in court wearing a short-sleeved, white, button-down shirt. When asked if he understood the charges, he told the judge: 'Sí. Lo entiendo.' An interpreter then said: 'Yes. I understand.' Democrats and immigrant rights group had pressed for Abrego Garcia's release, with several lawmakers — including Sen. Chris Van Hollen of Maryland, where Abrego Garcia had lived for years — even traveling to El Salvador to visit him. A federal judge had ordered him to be returned in April and the Supreme Court rejected an emergency appeal by directing the government to work to bring him back. But the news that Abrego Garcia, who had an immigration court order preventing his deportation to his native country over fears he would face persecution from local gangs, was being brought back for the purpose of prosecution was greeted with dismay by his lawyers. The case also prompted the resignation of a top supervisor in the U.S. attorney's office in Nashville, according to a person familiar with the matter who spoke on the condition of anonymity to discuss a personnel matter. Ben Schrader, who was chief of the office's criminal division, did not explain the reason for his resignation but posted to social media around the time the indictment was being handed down, saying: 'It has been an incredible privilege to serve as a prosecutor with the Department of Justice, where the only job description I've ever known is to do the right thing, in the right way, for the right reasons.' He declined to comment when reached by The Associated Press on Friday. Abrego Garcia's lawyer calls charges 'preposterous' 'This administration ... instead of simply admitting their mistake, they'll stop at nothing at all, including some of the most preposterous charges' imaginable, Sandoval-Moshenberg said. Ama Frimpong, legal director with the group CASA, said Abrego Garcia's family has mixed emotions about his return to the U.S. 'Let him talk to his wife. Let him talk to his children. This family has suffered enough,' she said. Sandoval-Moshenberg said Abrego Garcia is one of the first, if not the first, person released from a notorious prison in El Salvador, though he was later imprisoned at another facility. 'So it's going to be very interesting to hear what he has to say about the way in which he was treated,' the attorney said. The indictment, filed last month and unsealed Friday, lays out a string of allegations that date back to 2016 but are only being disclosed now, nearly three months after Abrego Garcia was mistakenly deported and following the Trump administration's repeated claims that he is a criminal. It accuses him of smuggling throughout the U.S. thousands of people living in the country illegally, including children and members of the violent MS-13 gang, from Central America and abusing women he was transporting. A co-conspirator also alleged that he participated in the killing of a gang member's mother in El Salvador, prosecutors wrote in papers urging the judge to keep him behind bars while he awaits trial. The indictment does not charge him in connection with that allegation. 'Later, as part of his immigration proceedings in the United States, the defendant claimed he could not return to El Salvador because he was in fear of retribution from the 18th Street gang,' the detention memo states. 'While partially true — the defendant, according to the information received by the Government, was in fear of retaliation by the 18th Street gang — the underlying reason for the retaliation was the defendant's own actions in participating in the murder of a rival 18th Street gang member's mother," prosecutors wrote. The charges stem from a 2022 vehicle stop in which the Tennessee Highway Patrol suspected him of human trafficking. A report released by the Department of Homeland Security in April states that none of the people in the vehicle had luggage, while they listed the same address as Abrego Garcia. Abrego Garcia was never charged with a crime, while the officers allowed him to drive on with only a warning about an expired driver's license, according to the DHS report. The report said he was traveling from Texas to Maryland, via Missouri, to bring in people to perform construction work. In response to the report's release in April, Abrego Garcia's wife said in a statement that he 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. He was not charged with any crime or cited for any wrongdoing.' Immigrant rights advocates vs. the Trump administration Abrego Garcia's background and personal life have been a source of dispute and contested facts. Immigrant rights advocates have cast his arrest as emblematic of an administration whose deportation policy is haphazard and error-prone, while Trump officials have pointed to prior interactions with police and described him as a gang member who fits the mold they are determined to expel from the country. Abrego Garcia lived in the U.S. for roughly 14 years, during which he worked construction, got married and was raising three children with disabilities, according to court records. Trump administration officials said he was deported based on a 2019 accusation from Maryland police that he was an MS-13 gang member. Abrego Garcia denied the allegation and was never charged with a crime, his attorneys said. A U.S. immigration judge subsequently shielded Abrego Garcia from deportation to El Salvador because he likely faced persecution there by local gangs. The Trump administration deported him there in March, later describing the mistake as 'an administrative error' but insisting he was in MS-13. Even if Abrego Garcia is convicted of the charges announced Friday, the Trump administration would still have to return to a U.S. immigration court if it wanted to deport him to El Salvador, Sandoval-Moshenberg said. He also expects the case in Maryland to continue as the federal judge there considers whether the administration obeyed her orders to return him. Abrego Garcia's return comes days after the Trump administration complied with a court order to return a Guatemalan man deported to Mexico despite his fears of being harmed there. The man, identified in court papers as O.C.G, was the first person known to have been returned to U.S. custody after deportation since the start of President Donald Trump's second term. Associated Press reporter Travis Loller in Nashville, Tennessee, contributed to this report. Eric Tucker, Alanna Durkin Richer, Lindsay Whitehurst And Ben Finley, The Associated Press
