Mistakenly deported Salvadoran native Kilmar Abrego Garcia is on his way back to the United States where he will face criminal charges for allegedly transporting undocumented migrants within the U.S., according to sources familiar with the matter.
More than two months after the Trump administration admitted it mistakenly deported Abrego Garcia from Maryland to his native El Salvador, a federal grand jury has indicted him for allegedly transporting undocumented migrants within the United States, ABC News has learned.
A two-count indictment, which was filed under seal in federal court in Tennessee last month, alleges Abrego Garcia, 29, participated in a years-long conspiracy to haul undocumented migrants from Texas to the interior of the country, according to sources briefed on the indictment.
MORE: Justice Department investigating 2022 Abrego Garcia traffic stop: Sources
The alleged conspiracy spanned nearly a decade and involved the domestic transport of thousands of non-citizens, including some children, from Mexico and Central America, according to sources.
Among those allegedly transported were members of the Salvadoran gang MS-13, sources familiar with the investigation said.
In a statement to ABC News, Abrego Garcia’s attorney said that he’s going to keep fighting to ensure Abrego Garcia receives a fair trial.
“From the beginning, this case has made one thing painfully clear: The government had the power to bring him back at any time. Instead, they chose to play games with the court and with a man’s life,” said attorney Simon Sandoval-Moshenberg. “We’re not just fighting for Kilmar — we’re fighting to ensure due process rights are protected for everyone. Because tomorrow, this could be any one of us — if we let power go unchecked, if we ignore our Constitution.”
Abrego Garcia, a Salvadoran native who had been living with his wife and children in Maryland, was deported in March to El Salvador’s CECOT mega-prison — despite a 2019 court order barring his deportation to that country due to fear of persecution — after the Trump administration claimed he was a member of the criminal gang MS-13. His wife and attorneys deny that he is an MS-13 member.
The Justice Department’s move to criminally prosecute Abrego Garcia represents the most aggressive step yet in the administration’s efforts to gather potentially incriminating information about Abrego Garcia’s background, following a federal judge’s order requiring the government to facilitate his return to the U.S. to be afforded due process in deportation proceedings.
Abrego Garcia is on his way back to the U.S. to face the charges following high-level diplomatic discussions between the Trump administration and the government of El Salvador, sources familiar with the matter said.
The Trump administration has acknowledged in court filings that Abrego Garcia’s removal to El Salvador in March was in error, because it violated a U.S. immigration court order in 2019 that shielded Abrego Garcia from deportation to his native country, according to immigration court records. An immigration judge had determined that Abrego Garcia would likely face persecution there by local gangs that had allegedly terrorized him and his family.
The administration has argued, however, that Abrego Garcia should not be returned to the U.S. because he is a member of the transnational Salvadoran gang MS-13, a claim his family and attorneys have denied. In recent weeks, Trump administration officials have been publicizing Abrego Garcia’s interactions with police over the years, despite a lack of corresponding criminal charges.
In March, Abrego Garcia’s family filed a lawsuit over his deportation. U.S. District Judge Paula Xinis in Maryland ultimately ordered the Trump administration to facilitate his return to the U.S. The U.S. Supreme Court affirmed that ruling on April 10.
MORE: Timeline: Wrongful deportation of Kilmar Abrego Garcia to El Salvador
Abrego Garcia was initially sent to El Salvador’s notorious CECOT prison but was believed to have later been transferred to a different facility in the country.
The criminal investigation that led to the charges was launched in April as federal authorities began scrutinizing the circumstances of a 2022 traffic stop of Abrego Garcia by the Tennessee Highway Patrol, according to the sources. Abrego Garcia was pulled over for speeding in a vehicle with eight passengers and told police they had been working construction in Missouri.
According to body camera footage of the 2022 traffic stop, the Tennessee troopers — after questioning Abrego Garcia — discussed among themselves their suspicions that Abrego Garcia might be transporting people for money because nine people were traveling without luggage, but Abrego Garcia was not ticketed or charged.
The officers ultimately allowed Abrego Garcia to drive on with just a warning about an expired driver’s license, according to a report about the stop released last month by the U.S. Department of Homeland Security.
As ABC News first reported last month, the Justice Department had been quietly investigating the incident. As part of the probe, federal agents in late April visited a federal prison in Talladega, Alabama to question Jose Ramon Hernandez-Reyes, a convicted felon who was the registered owner of the vehicle Abrego Garcia was driving when stopped on Interstate 40 east of Nashville, sources previously told ABC News. Hernandez-Reyes was not present at the traffic stop.
MORE: Newly released video shows Abrego Garcia’s 2022 Tennessee traffic stop
Hernandez-Reyes, 38, is currently serving a 30-month sentence for illegally re-entering the U.S. after a prior felony conviction for illegal transportation of aliens.
After being granted limited immunity, Hernandez-Reyes allegedly told investigators that he previously operated a “taxi service” based in Baltimore. He claimed to have met Abrego Garcia around 2015 and claimed to have hired him on multiple occasions to transport undocumented migrants from Texas to various locations in the United States, sources told ABC News.
When details of the Tennessee traffic stop were first publicized, Abrego Garcia’s wife said her husband sometimes transported groups of fellow construction workers between job sites.
“Unfortunately, Kilmar is currently imprisoned without contact with the outside world, which means he cannot respond to the claims,” Jennifer Vasquez Sura said in mid-April.
Abrego Garcia entered the U.S. illegally as a teenager in 2012, according to court records. He has been living in Maryland for the past 13 years, and married Vasquez Sura, a U.S. citizen, in 2019. The couple has one child together.
ABC News’ Laura Romero contributed to this report.
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