Kilmar Abrego Garcia, a 29-year-old Salvadoran deported from the U.S., is at the center of a complex legal battle involving MS-13 gang allegations. While U.S. authorities claim gang affiliation, Garcia and his representatives refute these claims, pending more evidence regarding his ties and background.
Controversy Surrounds Kilmar Abrego Garcia Amid MS-13 Allegations and Immigration Policies
Controversy Surrounds Kilmar Abrego Garcia Amid MS-13 Allegations and Immigration Policies
The case of Kilmar Abrego Garcia raises critical concerns over U.S. immigration regulations, with allegations of gang membership and deportation errors attracting mixed viewpoints.
The situation surrounding Kilmar Abrego Garcia, a 29-year-old Salvadoran man deported from the U.S. in March, has ignited a contentious legal battle highlighting disagreements over immigration policy and allegations of gang affiliations. The U.S. Supreme Court has declared that Garcia was improperly deported and that his return to Maryland should be facilitated by the government. However, the Biden administration has labeled Garcia a member of MS-13, a recognized foreign terrorist organization, asserting categorically that he will not set foot in the U.S. again.
Denying these accusations, Garcia has not faced any criminal charges to support claims of gang membership. Investigations by BBC Verify have delved into court documents and public records, shedding light on the ambiguity surrounding his alleged MS-13 connections.
According to court filings, it appears Garcia unlawfully entered the U.S. in 2012. He was arrested in March 2019 in Hyattsville, Maryland, along with three others, with local authorities citing "loitering" as the reason for their detention. During this encounter, police identified Garcia and two others as potential MS-13 members, citing behaviors and attire emblematic of gang culture. This included wearing a Chicago Bulls cap and a hoodie with images resembling banks, which local law enforcement interpreted as gang-related symbols.
Journalist Steven Dudley, who has researched MS-13 extensively, acknowledged that the Chicago Bulls logo can be interpreted as a gang symbol but noted that such items are not exclusive to MS-13 affiliation. He emphasized that robust corroborative evidence, including testimonies and documented criminal histories, is essential in substantiating gang membership claims.
Per law enforcement documents and court images, Garcia has been referred to as an active member of MS-13's "westerns clique," categorized under a designation called "chequeo." However, Dudley has suggested that "chequeo" is more often used to describe non-initiated recruits rather than an official rank.
Garcia's legal team contends that the "westerns clique" is predominantly based in New York—an area Garcia has never resided—challenging assertions of his connection to MS-13. Furthermore, they argue that he has not previously been convicted of any crimes in either the U.S. or El Salvador. During his time in the U.S., Garcia lived with his family, which includes three children, and worked in construction.
Despite these defenses, a judge supported the claims of gang affiliation based on confidential information, which led to Garcia being detained and ultimately denied bail. During his confinement, he applied for asylum to avoid deportation, which resulted in him obtaining a "withholding of removal" order in October 2019. This status, different from asylum, prevents his deportation to El Salvador based on his credible fears of persecution from Barrio-18, MS-13's main adversary, stemming from threats to his family and their business in El Salvador.
Garcia has reportedly complied with annual immigration check-ins since being released under the protective order. However, he has faced other allegations, including claims of domestic abuse made by his wife, Jennifer Vasquez Sura, who later dropped the public court proceedings after stating they resolved their issues privately. She has defended Garcia, asserting that he is a caring husband and father while consistently rejecting claims of his gang membership.
Recent accusations from the White House spokesperson have implicated Garcia in human trafficking, referencing an incident wherein he was pulled over in Tennessee carrying multiple passengers. This claim emerged via a conservative news outlet, and as of now, remains unverified. The outcome of the legal proceedings regarding Garcia's immigration status and alleged gang ties continues to unfold, underlining the complexities and challenges inherent in the U.S. immigration system.
