By Luc Cohen
NASHVILLE, Tennessee (Reuters) -Kilmar Abrego Garcia, the migrant returned to the U.S. last week after being wrongfully deported to his native El Salvador, is due in court on Friday to enter a plea to criminal charges of taking part in a conspiracy to smuggle migrants into the United States.
President Donald Trump’s administration has portrayed the indictment of Abrego Garcia, 29, as vindication of its aggressive crackdown on illegal immigration. Before Abrego Garcia’s indictment was unsealed on June 5, officials alleged he was a member of the MS-13 gang and said they would not bring him back.
The Justice Department’s decision to return him to the U.S. to face criminal charges is a potential off-ramp for Trump’s administration from its escalating confrontation with the judiciary over whether it complied with a court order to facilitate Abrego Garcia’s return.
The Republican president’s critics say his swift removal without a hearing showed the administration prioritized increased deportations over due process, the bedrock principle that people in the U.S., whether citizens or not, can contest governmental actions against them in the courts.
The criminal proceeding will provide Abrego Garcia with due process by giving him the right to contest the charges contained in a grand jury indictment returned in secret on May 21. Still, his lawyers say his return to face criminal charges does not absolve the Trump administration of responsibility for wrongfully deporting him.
Abrego Garcia’s hearing on the criminal charges is scheduled to begin at 10 a.m. CDT (1500 GMT) before U.S. Magistrate Judge Barbara Holmes in Nashville, Tennessee. In addition to entering his plea, Abrego Garcia is expected to contest a bid by federal prosecutors to have him detained pending trial.
In the indictment, Abrego Garcia was charged with working with at least five co-conspirators as part of a smuggling ring to bring immigrants to the United States illegally, then transport them from the U.S.-Mexico border to destinations across the country. Abrego Garcia often picked up migrants in Houston, making more than 100 trips between Texas and Maryland between 2016 and 2025, the indictment alleges.
Abrego Garcia is also accused of transporting firearms and drugs.
‘ADMINISTRATIVE ERROR’
Prosecutors say Abrego Garcia, a Maryland resident whose wife and young child are U.S. citizens, could face 10 years in prison for each migrant he smuggled. That means he could spend the rest of his life in prison if convicted, according to prosecutors.
They are urging he be detained, saying the potentially hefty sentence means he may try to flee. They also say detention is warranted because he allegedly murdered a rival gang member’s mother in El Salvador and solicited child pornography, though those accusations are not part of his indictment.
Abrego Garcia’s lawyers have called the charges “fantastical” and deny that he is a flight risk.
Abrego Garcia was deported on March 15 to El Salvador, despite a 2019 immigration court ruling that he not be sent there because he could be persecuted by gangs. Officials called his removal an “administrative error.”
In a separate civil case, Greenbelt, Maryland-based U.S. District Judge Paula Xinis is investigating whether the Trump administration violated her order to facilitate Abrego Garcia’s return from El Salvador. The U.S. Supreme Court unanimously upheld that order.
Abrego Garcia’s lawyers are urging Xinis to hold administration officials in contempt and impose fines for stonewalling their requests for information about the steps the administration took to facilitate his return.
The Trump administration says Xinis should drop her probe because it complied with her order by deciding to bring Abrego Garcia back to face criminal charges. His lawyers disagree and say that for the administration to be in compliance, his immigration case must be handled as it would have been had he not been deported.
(Reporting by Luc Cohen in Nashville, Tennessee;Editing by Noeleen Walder and Rosalba O’Brien)
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