Kilmar Abrego Garcia Returning to U.S. After Weekslong Legal Fight

Kilmar Abrego Garcia, the Maryland father who was deported to El Salvador despite his protective legal status, has returned to the United States following a long battle between the Trump administration and advocates who sought to protect him and the powers of the U.S. Constitution. 

A federal judge ruled his deportation unconstitutional, and the Supreme Court upheld this decision in a rare unanimous verdict. 

Abrego Garcia is now facing federal charges in Tennessee, alleging he conspired to transport undocumented immigrants within the United States. His indictment also alleges that he is a member of the criminal gang MS-13, which his family has denied. 

Simon Sandoval-Moshenberg, who is serving as Abrego Garcia’s attorney, noted that his return to Tennessee is indicative that he could’ve been returned to his family previously.

“We’re not just fighting for Kilmar, we’re fighting to ensure due process rights are protected for everyone. Because tomorrow, this could be any one of us: if we let power go unchecked, if we ignore our Constitution,” said Sandoval-Moshenberg. 

Maryland Democratic Sen. Chris Van Hollen took a widely-publicized visit to the Central American nation and attempted to visit the notorious Terrorism Confinement Center (CECOT), where Abrego Garcia was being held. 

“After months of ignoring our Constitution, it seems the Trump administration has relented to our demands for compliance with court orders and due process for Kilmar Abrego Garcia,” said Van Hollen, who emphasized the importance of standing up on behalf of his constituents. “This has never been about the man — it’s about his constitutional rights and the rights of all.” 

Like Van Hollen, Rep. Glenn Ivey (D-Md.), who also counts Abrego Garcia as one of his constituents, has been calling for the Maryland father’s release from El Salvador.

“Due process matters in America. The Supreme Court ruled 9-0 for Kilmar Abrego Garcia’s return,” Ivey told The Informer in a statement. “Finally he has been brought back for his day in court! I hope he is able to receive a fair trial.”

Marylanders Weigh In: ‘Kilmar Deserves Justice, Not Slander‘

Abrego-Garcia’s return comes as a relief to countless advocates and legislators in Maryland and nationwide. 

Prince George’s County Councilmember Wala Blegay spoke at an April rally demanding Abrego-Garcia’s release while numerous legislators met with Van Hollen as he returned from El Salvador. 

Jorge Benitez Perez, a Prince George’s County resident and community organizer, expressed optimism at Abrego-Garcia’s return.

“Kilmar coming back home gives us hope. For immigrants, it shows that we have rights. For everyday people, it shows us that the Constitution is being upheld. Due process is something every human should have the right to, regardless of their immigration status,” he said in a statement to The Informer. 

Laurel resident Calondra Young, executive vice president of Young Democrats of Maryland, expressed concerns regarding the Trump administration’s efforts to portray Abrego-Garcia as a criminal. 

“To smear Kilmar Garcia as ‘MS-13’ when a judge has already ruled that the U.S. government made a mistake is not just reckless, it’s inhumane. Kilmar is a Maryland father, not a caricature. Instead of taking responsibility and correcting the injustice, this administration chooses to double down on dehumanization and fear-mongering. It’s not just a mockery, it’s a betrayal of justice and basic human dignity,” she told The Informer. She expressed the need to continue advocacy amid troubled times. 

“Kilmar deserves justice, not slander. We will not stay silent while our neighbors are dehumanized,” she continued. 

Montgomery County resident Cherri Branson noted that the of Ben Schrader, the former chief of the criminal division for the U.S. Attorney’s mid-Tennessee district, following the announcement of the indictment and his allegations of political motivations for the trial is a risk to the rule of law. 

“When prosecutors resign alleging political motivations,” she said, “something is seriously wrong.” 

What’s Next?

Federal prosecutors have requested that Abrego-Garcia be placed in pre-trial custody, citing him as a flight risk. 

He appeared before a judge on June 6 and his next trial will be on June 13, where he will have an arraignment and detention hearing. 

“I can tell you that we should all treat whatever charges that are being leveled against him with a high degree of suspicion,” said attorney Chris Newman, who represents the Abrego-Garcia family. “We should make sure that he gets a fair trial in court because he’s clearly not getting a fair hearing in the court of public opinion. 

Abrego-Garcia’s lawyers have filed a court document alleging that the federal government misled the court and delayed his court hearing. His lawyers also said he may face deportation again. 

Sen. Cory Booker (D-N.J.), while defending Van Hollen as “a champion of the Constitution” for his efforts to bring Abrego Garcia home, noted that many others are currently being deprived of due process in CECOT.

“There are over 250 people that Donald Trump has sent there, 50 of whom entered our country legally,” Booker during an NBC interview, “who have not had a day in court, who we do not know the facts of their case, who have been sent to a place that advocates have called a gulag and where human rights are being violated.”