immigration Politics
Kilmar Abrego Garcia Deported by Mistake—Now Faces Federal Smuggling Charges in the U.S.
Kilmar Abrego Garcia, a Salvadoran native mistakenly deported by U.S. immigration authorities in March, is now back on American soil—this time in federal custody. The 29-year-old is facing criminal charges in Tennessee for allegedly helping smuggle thousands of undocumented migrants across the U.S., sparking controversy over immigration policy, due process rights, and political motivations behind the prosecution.
The two-count federal indictment, unsealed Friday, alleges that Kilmar Abrego Garcia played a central role in a nine-year smuggling operation, transporting migrants—some allegedly affiliated with MS-13—from Texas to destinations nationwide. According to prosecutors, Abrego Garcia made over 100 cross-country trips and collected thousands of dollars per job. If convicted, he could face decades—or even a lifetime—behind bars.
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Kilmar Abrego Garcia’s defense team, however, calls the case “a political stunt” aimed at distracting from the government’s prior mistakes. “They’ll stop at nothing, even the most preposterous charges, to avoid admitting they unlawfully deported him,” said attorney Simon Sandoval-Moshenberg.
Indeed, the Justice Department has already acknowledged that Abrego Garcia’s removal violated a 2019 federal court order barring his deportation due to threats of gang violence in El Salvador. His abrupt return came only after the U.S. Supreme Court upheld a ruling mandating the government facilitate his return—an order the Trump administration initially resisted.
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The criminal case has already prompted internal upheaval. Ben Schrader, the chief of the criminal division in the U.S. Attorney’s Office in Tennessee, resigned over concerns that the indictment was politically driven. Though officials deny political motivation, Attorney General Pam Bondi’s statements at a press conference emphasized the return of “border security” under Trump’s renewed presidency.
According to the indictment, the charges stem largely from a 2022 traffic stop in Tennessee. Abrego Garcia was found driving a van with eight undocumented passengers, but was released with a warning. Only recently, following renewed federal interest, was that incident elevated to evidence of smuggling activity.
His wife, Jennifer Vasquez Sura, denies the allegations of smuggling. “Sometimes he drove construction workers to job sites,” she said, adding that her husband has been isolated from the outside world since his return.
Civil liberties advocates argue the case has far-reaching implications. “This isn’t just about Kilmar,” said Sandoval-Moshenberg. “This is about what happens when unchecked power collides with human rights. It could be any of us next.”
Abrego Garcia’s initial court appearance took place Friday in Nashville. Federal prosecutors are seeking to hold him without bail, calling him a “flight risk” and a “danger to the community.”
For now, one thing is clear: a man once wrongfully deported is now at the center of one of the most politically charged immigration cases in recent U.S. history.