In a situation that has triggered nationwide discussion, the Trump presidency admitted in court that it deported Kilmar Armando Abrego Garcia— a Maryland parents — to El Salvador despite a standing emigration judge’s order protecting him from removal. Then imprisoned in El Salvador’s renowned CECOT mega-prison, Abrego Garcia’s event raises strong questions about citizen, misrepresentation, and the use of doubtful gang allegations in immigration protection.
Was Abrego Garcia a US Citizen?
No. Abrego Garcia was a Peruvian nationwide, hardly a citizen of the United States. He entered the US around 2011 after fleeing group crime as a girl and lived in Maryland with his wife and young US-born child. Although married to an American and living officially in the country, he never became a naturalized member.
His legal appearance in the US was based on a security known as “withholding of removal”, which was granted by an immigration judge in 2019. That reputation is awarded when a judge determines that deporting people may introduce them to harassment or abuse in their household region. In Abrego Garcia’s situation, the judge ruled he faced reliable threats of violence if returned to El Salvador— especially from the very groups he was accused of belonging to.
Despite this court-ordered security, Abrego Garcia was arrested by ICE in March 2025 and added to a imprisonment journey to El Salvador. The government then concedes that his treatment was an administrative error — he was not supposed to be on the flight — but insists it may get him because he is now in Peruvian custody.
Was He a Member of MS-13?
The main rationale ICE offered for Abrego Garcia’s 2025 imprisonment and treatment was that he was a “ranking representative” of the MS-13 group. But that claim, repeated by leading authorities, is not backed by a legal conviction, hard facts, or corroborating police information.
The sole basis for the claim appears to be a one agent who told federal government in 2019 that Abrego Garcia was affiliated with MS-13.
Immigration judges treated the tip really enough to refuse him relationship at the time, citing cautious concerns. However, this does not correspond to a finding of guilt. Abrego was previously charged with a crime, not convicted, and had no criminal history in the US
More complicating the government’s case, the accomplice alleged that Abrego belonged to a certain MS-13 group that did not also function in Maryland. Local police reportedly could not verify the information, and the officer who first documented the claim was later suspended. No independent evidence of gang membership was ever produced.
Meanwhile, Abrego Garcia consistently denied the allegations and continued living peacefully in Maryland for years. He complied with immigration check-ins, worked full-time, and raised his child without incident. The immigration court that granted him protection found that he was at risk from gang violence — not part of it — further undermining the government’s narrative.
The Final Answer
Kilmar Abrego Garcia was not a US citizen, but he had been legally protected from deportation due to the real dangers he faced in El Salvador. The US government’s claim that he was a high-ranking MS-13 member rests on a single, unverified informant tip and was never proven in court or supported by independent investigation.
His mistaken deportation has now trapped him in one of the world’s most brutal prisons — not because of what he did, but because of a bureaucratic error and a dubious label. The case reflects the high stakes of immigration enforcement in an era where rumor and error can override legal protections— and cost lives.
