BALTIMORE — The Department of Justice is digging in defending the deportation of Kilmar Armando Abrego-Garcia, an undocumented Salvadoran man, who they allege is a member of the murderous MS-13 gang.
Last month ICE agents arrested Abrego-Garcia in Baltimore, where he lived with his wife and child, both of whom are American citizens.
Due to his suspected gang ties, Abrego-Garcia was sent to a notorious Salvadoran prison, despite an immigration judge previously barring his return there over potential safety concerns.
Abrego-Garcia's lawyers have denied any gang associations, but on Wednesday Attorney General Pam Bondi released several pages of documents she says proves otherwise.
The documents date back to March 2019 when Abrego-Garcia was detained outside a Hyattsville Home Depot with other known MS-13 gang members.
According to a Prince George's County Police Gang Unit detective, Abrego-Garcia had rolls of money covering the eyes, ears, and mouth of the U.S. Presidents on the bills.
Detectives documented Abrego-Garcia's Chicago Bulls hat and hoodie, they claim signifies a certain credo within MS-13.
"The meaning of the clothing is to represent "ver, oir y callar" or "see no evil, hear- no evil and say no evil," detectives wrote. "Wearing the Chicago Bulls hat represents that they are a member in good standing with the MS-13."
The report goes onto mention someone detectives deemed to be a "past proven and reliable source of information," who confirmed Abrego-Garcia's membership with the gang's "Westerns Clique" chapter.
This confidential informant also told detectives Abrego-Garcia held the rank of "Chequeo," and the moniker "Chele."
Another man detained outside the Home Depot with Abrego-Garcia, reportedly told detectives that MS-13 members are only allowed to hang around fellow members or prospects of the gang.
Upon learning these details, local detectives called ICE.
Federal agents interviewing Abrego-Garcia, wrote that he admitted to illegally entering the U.S. near McAllen, Texas in March of 2012.
There are some conflicting accounts between police and ICE, as to what Abrego-Garcia was originally held for.
The local police report notes Abrego-Garcia was taken into custody for loitering, while ICE, in their paperwork, wrote it was related to a murder investigation.
This became the center of Abrego-Garcia's defense in April and December 2019, during immigration court proceedings.
Another point of contention was whether Abrego-Garcia ever expressed fear of returning to his home country of El Salvador.
On the very same Homeland Security form, under the humanitarian issues section, a deportation officer wrote "Abrego-Garcia is not claiming fear of returning to his country."
However, under the intelligence information portion of that form, the deportation officer said "Abrego-Garcia is claiming fear of returning to his home country of EL Salvador."
In court, Abrego-Garcia stated his intention to file for asylum.
A judge hearing the case was skeptical, due to the fact Abrego-Garcia failed to apply within one year of entering the United States.
The judge also determined Abrego-Garcia "failed to present evidence" proving he isn't a gang member.
Additionally there was some concern raised by the judge about Abrego-Garcia no showing past traffic court hearings.
"Evidence shows that the Respondent has a history o f failing to appear for proceedings pertaining to his traffic violations," the judge wrote. "He
asserted that he did not receive notice of these proceedings, but in his written statement, he admitted that he remembers receiving citations that he chose not to follow up on. The Respondent's lack of diligence in following up on his traffic court cases indicates that he cannot be trusted to appear in immigration court."
Ultimately the court ruled Abrego-Garcia could be deported, just not to El Salvador over potential safety concerns.
More recent federal court documents reviewed by WMAR-2 News reveal Abrego-Garcia feared being returned to El Salvador because of his mother's well known "pupusa business."
Nonetheless a panel of appellate judges affirmed the lower court's decision in December 2019.
"The Immigration Judge appropriately considered allegations of gang affiliation against the respondent in determining that he has not demonstrated that he is not a danger to property or persons," the judicial panel wrote.
Abrego-Garcia's case has since drawn national attention.
His wife, Jennifer Vasquez, is currently suing the federal government over her husband's deportation.
President Donald Trump's DOJ concedes Abrego-Garcia was sent to El Salvador in error, yet they now say he cannot be returned because another country has custody.
A Federal District Court judge in Maryland ordered Trump and company to "effectuate" Abrego-Garcia's release.
The Supreme Court got involved, ruling the administration must "facilitate his release."
There's now an ongoing battle between the Executive and Judicial branches on what that exactly means.
Bondi on behalf of Trump and the DOJ, vowed to not let Abrego-Garcia back in.
Judge Paula Xinis, an appointee of former Democratic President Barack Obama, is now ordering government officials to submit sworn depositions, explaining steps taken to secure Abrego-Garcia's return.
For their part, the White House has expressed extreme frustration with the media's portrayal of Abrego-Garcia as a "Maryland Father or Maryland Man," wrongly deported to El Salvador.
Trump's cabinet has instead painted Abrego-Garcia as a foreign terrorist involved in human trafficking.
On top of releasing documents supposedly linking Abrego-Garcia to MS-13, the Department of Homeland Security on Wednesday, shared copies of a 2021 protective order his wife filed against him.
"According to court filings, Garcia’s wife sought a domestic violence restraining order against him, claiming he punched, scratched, and ripped off her shirt, among other harm. This MS-13 gang member is not a sympathetic figure," DHS wrote on X (formerly Twitter).
A judge ultimately dismissed the allegations, when Vasquez failed to appear in court for a final hearing.
For now Abrego-Garcia remains jailed in his country of origin, while litigation plays out.
On Thursday, the federal Fourth Circuit Court of Appeals denied the Trump Administration's emergency request to halt Xinis' deposition orders.
The three judge panel, consisting of former Presidents Reagan, Clinton, and Obama appointees said this:
"If today the Executive claims the right to deport without due process and in disregard of court orders, what assurance will there be tomorrow that it will not deport American citizens and then disclaim responsibility to bring them home? And what assurance shall there be that the Executive will not train its broad discretionary powers upon its political enemies?"
Since returning to office Trump's faced an onslaught of federal court injunctions, the majority from Democrat appointed judges aiming to block large swaths of his agenda.
Such decisions, several which have been issued in Maryland, sparked separation of power concerns.
Experts generally believe courts have no true enforcement mechanism against a sitting President with sweeping immunity and authority over the DOJ that's tasked with carrying out judicial orders.
Some critics, including close Presidential adviser Elon Musk, have openly supported the idea of Trump ignoring the courts.
The Fourth Circuit panel, in their latest order, acknowledged the rift by writing the executive and judicial branches are getting "too close to grinding irrevocably against one another in a conflict that promises to diminish both."
"This is a losing proposition all around. The Judiciary will lose much from the constant intimations of its illegitimacy, to which by dent of custom and detachment we can only sparingly reply. The Executive will lose much from a public perception of its lawlessness and all of its attendant contagions. The Executive may succeed for a time in weakening the courts, but over time history will script the tragic gap between what was and all that might have been, and law in time will sign its epitaph."