Allegations Surrounding Kilmar Abrego Garcia: A Complex Legal Battle

Kilmar Abrego Garcia, a Salvadoran man deported from the U.S., faces allegations of MS-13 gang ties amid a contentious legal battle regarding his immigration status. While court findings support the government's claims, Mr. Abrego Garcia's legal team disputes the validity of the evidence against him, further complicating the case.

The case of Kilmar Abrego Garcia, a 29-year-old from El Salvador, has escalated into a significant legal confrontation over U.S. immigration policies after he was deported in March. Court rulings, extending to the Supreme Court, assert that Mr. Abrego Garcia was improperly deported and that the U.S. government must assist in facilitating his return to Maryland. In contrast, the Biden administration claims Mr. Abrego Garcia is affiliated with the distinctly dangerous gang MS-13, categorizing him as a member of a foreign terrorist organization and stating he will "never live" in the U.S. again. Mr. Abrego Garcia has rebutted these allegations and maintains he has not been found guilty of any crime.

BBC Verify delved into various court documents and public records to clarify the facts surrounding Mr. Abrego Garcia and his alleged MS-13 connections. Mr. Abrego Garcia has publicly acknowledged entering the U.S. illegally back in 2012. In March 2019, he was apprehended alongside three others in Hyattsville, Maryland, while allegedly loitering in the parking lot of a Home Depot. Prince George's County police asserted that these individuals, including Mr. Abrego Garcia, were identified as MS-13 members based on observations. Officers pointed out that his attire—a Chicago Bulls hat and a hoodie—with illustrations of money covering presidents' features, suggested he was part of Hispanic gang culture, interpreting the hat's symbolism as an emblem of MS-13 allegiance.

Steven Dudley, a journalist with extensive knowledge of MS-13, acknowledged that the Chicago Bulls logo has become a symbol associated with the gang but emphasized that wearing it isn’t exclusive to gang members. He stated that any claims regarding gang affiliation would require substantial evidence, including testimonies and criminal records. Reports from law enforcement indicated that authorities received information from a "proven and reliable source" asserting Mr. Abrego Garcia was an active member of the MS-13 "westerns clique," classified as a "chequeo." However, Dudley clarifies that "chequeo" is a term for newcomers yet to start their initiation rather than a formal rank.

Mr. Abrego Garcia's legal representatives contend that the so-called "westerns clique" is based in New York, a place their client has never resided. They argue that the information against him should be dismissed as hearsay. Moreover, they assert that he has no criminal background and extensively lived in the U.S. for 14 years, raising three children while working in construction. A judge presiding over Mr. Abrego Garcia's case cited sufficient evidence, derived from confidential sources, affirming his gang involvement, a determination upheld by subsequent rulings. Consequently, he was denied bail, leading him to apply for asylum to avoid deportation.

In October 2019, Mr. Abrego Garcia received a "withholding of removal" order, enabling him to stay in the U.S. to avoid potential danger upon his return to El Salvador due to threats from rival gang Barrio-18 against his family. His legal counsel asserts that he has consistently abided by immigration regulations since then, attending annual check-ins with immigration officials punctually.

Aside from the gang allegations, Mr. Abrego Garcia has faced separate accusations of criminal behavior. In 2021, his spouse, Jennifer Vasquez Sura, petitioned for a protective order, alleging recurring instances of domestic violence. However, she later clarified that they resolved their issues privately, expressing that he is a committed father and husband. Recently, White House press secretary Karoline Leavitt accused Mr. Abrego Garcia of being implicated in human trafficking, referencing a report where he was stopped by Tennessee authorities in December 2022 but later released. This specific report remains unverified by the BBC, which continues to seek confirmation from the relevant authorities and Mr. Abrego Garcia's counsel.