Kilmar Abrego Garcia
Kilmar Abrego Garcia had a standing Withholding of Removal to El Salvador order from a 2019 Immigration Judge. That order was ignored in March when Garcia was deported to CECOT in El Salvador
Coming to the US
Kilmar Abrego Garcia was born in El Salvador where The family sold pupusas, El Salvador’s signature dish, which are flat tortilla pouches that hold steaming blends of cheese, beans or savory pork. Abrego Garcia’s mother ran the business, Pupuseria Cecilia, out of their home. His father was a former police officer. The gang, Barrio 18, began to regularly extort his family for rent money, leading his older brother, Cesar, to migrate to the US. When Kilmar was 16, his parents sent him to join his brother in the US toprotect him from threats to his life made by Barrio 18. He was an undocumented unaccompanied minor when he entered the US around March, 2012 and made his way to Maryland where Cesar, now a US citizen, was living.
2019 Arrest and Detainment
On March 28, 2019 while looking for day labor work outside Home Depot, Kilmar was arrested with 3 other men for loitering. This arrest led to two conflicting documents that alleged Kilmar was a gang member. One of those individuals had an extensive criminal history and was a known gang member. A second individual had tattoos that the officers claim indicated suspected gang activity. Kilmar was wearing a Chicago Bulls hat and a hoodie with rolls of money covering the eyes, ears, and mouth of the presidents on the individual denominations. Officers alleged these articles of clothing were indicative of the Hispanic gang culture. The fourth individual had nothing to indicate he was a gang member and so was released. Officers noted that MS13 gang members were only allowed to hang out with each other.
The form from the US Department of Homeland Security correctly noted that Kilmar had no previous criminal activity although it did note that he was identified as an active member of MS13. That report is in conflict with the Prince George’s Gang Field Interview Sheet as it indicates only two people were arrested, not four. Upon arrival, the agent for DHS was told by the Task Force Officer Detective that the two individuals were detained in connection to a murder investigation. According to that form, Kilmar is a member of “Chequeo” from the Western Clique, according to an informant known to provide accurate information. The form notes that Kilmar denied gang affiliation. At that point Kilmar was detained and scheduled for an immigration hearing to begin deportation proceedings since he was undocumented.
2019 Immigration Hearing
In May of 2019, an Immigration Judge ruled Kilmar could not prove he was not a danger due to his gang affiliation and ordered he would not be released. While being detained, Kilmar filed an asylum request. In October, the Immigration Judge denied his request since he had been in the country too long to apply for asylum. However the judge did grant him Withholding of Removal, protection from being deported to El Salvador because of a well founded fear of gang persecution. No longer deemed a threat, Kilmar was released from detention and has been living in Maryland with his wife and children since then.
March arrest and deportation
On March 12, 2025 Kilmar was driving with his five year old disabled child when officials with DHS arrested him outside of IKEA. Kilmar’s wife,Jennifer Sura Hernandez, was called and informed that she had 10 minutes to pick up the child before he would be turned over to Child Protective Services. In a call to his wife, Kilmar said that officials were asking him about MS13 gang activity. Three days after his arrest, Kilmar was placed on a plane and sent to CECOT in El Salvador, a county to which there was a standing Immigration Order he should not be returned to. His wife learned he was in CECOT when she recognized him in the photos of men sent to El Salvador.
Supreme Court Ruling
Following his wife’s action to secure legal proceedings in Kilmar’s unlawful expulsion, The US District Court for the District of Maryland ruled in his favor. The Fourth Circuit Court of Appeals affirmed. The US Government asked the Supreme Court to vacate the lower court’s ruling. On April 10, in an unanimous decision authored by Chief Justice Roberts, the Court affirmed lawlessness in Kilmar’s removal and ruled that his return be facilitated to ensure his case would be handled as it would have been had he not been improperly sent to El Salvador. They also instructed the lower court’s ruling judge to clarify its directive regarding what they meant by effectuate in order to give deference to the Executive Branch.
How has the Federal Government responded?
Following the Supreme Court ruling, President Trump met with President Bukele of El Salvador in the Oval Office where both men joked they were unable to facilitate Kilmar’s return. DHS has continued to push the narrative that Kilmar is an MS13 gang member, that he was involved in human trafficking, that he had 2 restraining orders from his wife. Their website claims he had a roll of cash and drugs when arrested though there is no evidence that has been presented to support that claim. Kilmar Garcia has never been charged or convicted with any crimes that DHS is claiming he has committed.
The federal government has so far defied the Supreme Court ruling and has thus far refused to facilitate Kilmar’s return.
Support for Kilmar’s return and right to due process
On April 16, 2025 Maryland Senator Van Hollen flew to El Salvador to meet with Kilmar and to push for his release. After initially being denied a visit with Kilmar, he was allowed to meet with him at his hotel on April 17. Sen Von Hollan was told by Salvadoran Vice President Felix Ulloa that the Salvadoran government could not return Garcia to the US.
On April 20, four House Democrats (Reps. Yassamin Ansari of AZ, Maxine Dexter of OR, Maxwell Frost of FL, and Robert Garcia of CA) flew to El Salvador to investigate the condition of Kilmar and to demand his safe return home.
US District Judge Paula Xinis has ordered expedited discovery on any steps the Administration has taken to bring Kilmar back. She extended a one week delay, but denied a second request on April 29 and set a new time table of deadlines over the next two weeks. Xinis will also allow depositions of four government officials no later than Friday, May 9. One official, Robert Cerna, previously swore under oath that Kilmar’s deportation to El Salvador was an administrative error.
What can you do?
Continue to put pressure on your representatives to demand the release of Garcia and other deportees who received no due process afforded to them by the US Constitution before deportation to El Salvador: Click here to find your State Representative; Click here to find your Senator.
Check back here for updates as available
