Hard Landing: The Return of Kilmar Abrego Garcia

Below is my column at Fox.com on the return of Kilmar Abrego Garcia and what lies ahead in the case. Regardless of the outcome of the criminal prosecution, one thing seems virtually certain: Abrego Garcia will eventually go home . . . to El Salvador.

Here is the column:

Kilmar Abrego Garcia is coming back to the United States, but he is hardly thrilled by the prospect. He is returning not for a removal hearing, but for a trial that could result in a lengthy prison sentence, followed by immediate removal back to El Salvador. After the issuance of the federal grand jury, the United States is now the last place on Earth that Abrego Garcia wants to visit.

Abrego Garcia has been fighting to return after he was mistakenly removed to El Salvador. That immediately drew irate orders from a federal judge, and many of us argued that the Administration should have simply brought him back for what seemed an easy case for removal after a hearing.

Instead, the case dragged on for months after the Trump Administration challenged the court orders as judicial overreach and unconstitutional. The indictment issued by a federal grand jury allows the Administration to end the controversy on its terms. Rather than yielding to the challenged orders, it can bring Abrego Garcia back to stand trial.

It is an example of the old adage “one day on the cover of Time, next day doing time.” Sometimes notoriety can be your undoing.

If Abrego Garcia had been removed, little attention would likely have been drawn to his prior conduct. Indeed, as all the Democratic politicians, such as Sen. Chris Van Hollen (D-Md.), arrived in El Salvador with an army of reporters, one has to wonder if Abrego Garcia was having second thoughts about his challenge.

While news organizations like NPR described Abrego Garcia as a family man “living quietly” in Maryland, the facts proved far more damning. He was repeatedly accused of beating his wife. The court record also included allegations of his involvement in a notorious gang:

“Per the Prince George’s County Police Gang Unit, ABREGO-Garcia was validated as a member of the Mara Salvatrucha (MS13) Gang. Subject was identified as a member of the Mara Salvatrucha MS-13, “Chequeo” from the Western Clique a transnational criminal street gang. This information was provided by tested source who has provided truthful accurate information in the past. See Prince Georges County Police Department (Gang Sheet).”

MS-13 is designated as a terrorist organization.

Abrego Garcia was also suspected of human trafficking. Indeed, the description of the stop leaves one astonished that he was allowed to drive away. According to DHS:

“On Dec. 1, 2022, Abrego Garcia was stopped by the Tennessee Highway Patrol for speeding. Upon approach to the vehicle, the encountering officer noted eight other individuals in the vehicle. There was no luggage in the vehicle, leading the encountering officer to suspect this was a human trafficking incident. Additionally, all the passengers gave the same home address as the subject’s home address. During the interview, Abrego Garcia pretended to speak less English than he was capable of and attempted to put the encountering officer off-track by responding to questions with questions. When asked what relationship he had with the registered owner of the vehicle, Abrego Garcia replied that the owner of the vehicle is his boss, and that he worked in construction…

The encountering officer decided not to cite the subject for driving infractions but gave him a warning citation for driving with an expired driver’s license. Abrego Garcia’s driver’s license was a MD “Limited Term Temporary” license. The encountering officer gathered names of other occupants in the vehicle but could not read their handwriting. The officer did not pursue further information due to no citation being issued.”

The videotape mystified many with how Abrego Garcia was allowed to go along his way. Here was an undocumented immigrant stopped with an expired license in a car with eight others traveling from Texas to Maryland. He gave a false statement, and the officer suspected human trafficking but let him go.

It is alleged that the person whom Abrego Garcia described as his “boss” at a construction job was Jose Ramon Hernandez Reyes, an illegal migrant previously convicted of human smuggling. The black 2001 Chevrolet Suburban belonged to Hernandez Reyez.

Now, the indictment details a broader array of evidence. The grand jury found evidence of extensive human trafficking violations over 9 years. The indictment speaks of cooperating witnesses prepared to implicate Abrego Garcia in an international smuggling operation involving guns, narcotics, and humans that included over a 100 such transports.

“Over the course of the conspiracy the coconspirators knowingly and unlawfully transported thousands of undocumented aliens who had no authorization to be present in the United States and many of whom were MS 13 members and associates The co conspirators also worked with transnational criminal organizations in Mexico to transport undocumented aliens through Mexico and into the United States.”

Ironically, in light of this indictment, any criminal defense attorney worth his salt would have opposed deportation to the United States from El Salvador. Instead, Abrego Garcia will face a much longer possible criminal sentence. He will eventually then be deported to El Salvador regardless of the outcome of the criminal prosecution.  Abrego Garcia never had a compelling basis for remaining in the United States. He gamed the system for years, a system that seems utterly incapable of dealing with this national emergency.

He will get due process, but make no mistake about it. Abrego Garcia is coming back, but he is not coming home.