US federal grand jury indicts man deported in error with transporting undocumented migrants News
US Army / Wikimedia Commons
US federal grand jury indicts man deported in error with transporting undocumented migrants

US Attorney General Pam Bondi announced Friday that Kilmar Abrego Garcia, a Salvadoran national who was previously removed to El Salvador in March in defiance of a federal court order, has been returned to the US and is now facing criminal charges. A federal grand jury in the Middle District of Tennessee indicted Abrego Garcia on charges of conspiracy to transport unauthorized migrants and unlawful transportation of undocumented individuals. According to Bondi, the US government presented an arrest warrant to Salvadoran authorities, who agreed to facilitate his return to US custody.

According to the indictment, Abrego Garcia allegedly participated in a multi-year operation from approximately 2016 through 2025 to transport noncitizens lacking legal status into and throughout the US. The indictment described coordination with individuals in El Salvador, Guatemala, Mexico, and the US to arrange travel from Central and South America through Mexico and into Texas, where migrants were then transported to other parts of the country, including Maryland and Tennessee.

The charges also relate to a November 2022 traffic stop in Tennessee, where Abrego Garcia was reportedly found transporting nine individuals without valid immigration status. The indictment alleged that some of the transported individuals were minors and that the operation involved periodic use of altered vehicles and cash payments.

In parallel to the criminal case, Abrego Garcia and his family have been pursuing a civil lawsuit in a federal court in Maryland, asserting that his removal in March violated due process protections, the Administrative Procedure Act, and an immigration judge’s prior grant of withholding of removal from 2019. That litigation resulted in an April order by Judge Paula Xinis directing the federal government to “facilitate and effectuate” his return to the US.

After the district court’s ruling, the federal government sought emergency relief from the US Supreme Court. The court upheld the lower court’s order. In a concurring statement, Justice Sonia Sotomayor, joined by Justices Elena Kagan and Ketanji Brown Jackson, stated that the government had provided “no basis in law” for Abrego Garcia’s arrest, deportation, or confinement abroad.

Deputy Attorney General Todd Blanche stated at Friday’s press conference that Abrego Garcia’s return was based on the arrest warrant, adding, “As far as whether it makes the ongoing litigation in Maryland moot, I would think so, but we don’t know about this. He just landed today.”

The government repeated its initial allegation that Abrego Garcia is associated with the MS-13 gang, though no gang-related offenses are charged in the current indictment. The indictment does include a forfeiture allegation seeking proceeds and property associated with the alleged transportation offenses.

If convicted, Abrego Garcia may face removal proceedings following any term of incarceration. A detention hearing in the criminal case is scheduled in the Middle District of Tennessee later this month.