Hard Landing: The Return of Kilmar Abrego Garcia

Below is my column at Fox.com on the return of Kilmar Abrego Garcia and what lies ahead in the case. Regardless of the outcome of the criminal prosecution, one thing seems virtually certain: Abrego Garcia will eventually go home . . . to El Salvador.

Here is the column:

Kilmar Abrego Garcia is coming back to the United States, but he is hardly thrilled by the prospect. He is returning not for a removal hearing, but for a trial that could result in a lengthy prison sentence, followed by immediate removal back to El Salvador. After the issuance of the federal grand jury, the United States is now the last place on Earth that Abrego Garcia wants to visit.

Abrego Garcia has been fighting to return after he was mistakenly removed to El Salvador. That immediately drew irate orders from a federal judge, and many of us argued that the Administration should have simply brought him back for what seemed an easy case for removal after a hearing.

Instead, the case dragged on for months after the Trump Administration challenged the court orders as judicial overreach and unconstitutional. The indictment issued by a federal grand jury allows the Administration to end the controversy on its terms. Rather than yielding to the challenged orders, it can bring Abrego Garcia back to stand trial.

It is an example of the old adage “one day on the cover of Time, next day doing time.” Sometimes notoriety can be your undoing.

If Abrego Garcia had been removed, little attention would likely have been drawn to his prior conduct. Indeed, as all the Democratic politicians, such as Sen. Chris Van Hollen (D-Md.), arrived in El Salvador with an army of reporters, one has to wonder if Abrego Garcia was having second thoughts about his challenge.

While news organizations like NPR described Abrego Garcia as a family man “living quietly” in Maryland, the facts proved far more damning. He was repeatedly accused of beating his wife. The court record also included allegations of his involvement in a notorious gang:

“Per the Prince George’s County Police Gang Unit, ABREGO-Garcia was validated as a member of the Mara Salvatrucha (MS13) Gang. Subject was identified as a member of the Mara Salvatrucha MS-13, “Chequeo” from the Western Clique a transnational criminal street gang. This information was provided by tested source who has provided truthful accurate information in the past. See Prince Georges County Police Department (Gang Sheet).”

MS-13 is designated as a terrorist organization.

Abrego Garcia was also suspected of human trafficking. Indeed, the description of the stop leaves one astonished that he was allowed to drive away. According to DHS:

“On Dec. 1, 2022, Abrego Garcia was stopped by the Tennessee Highway Patrol for speeding. Upon approach to the vehicle, the encountering officer noted eight other individuals in the vehicle. There was no luggage in the vehicle, leading the encountering officer to suspect this was a human trafficking incident. Additionally, all the passengers gave the same home address as the subject’s home address. During the interview, Abrego Garcia pretended to speak less English than he was capable of and attempted to put the encountering officer off-track by responding to questions with questions. When asked what relationship he had with the registered owner of the vehicle, Abrego Garcia replied that the owner of the vehicle is his boss, and that he worked in construction…

The encountering officer decided not to cite the subject for driving infractions but gave him a warning citation for driving with an expired driver’s license. Abrego Garcia’s driver’s license was a MD “Limited Term Temporary” license. The encountering officer gathered names of other occupants in the vehicle but could not read their handwriting. The officer did not pursue further information due to no citation being issued.”

The videotape mystified many with how Abrego Garcia was allowed to go along his way. Here was an undocumented immigrant stopped with an expired license in a car with eight others traveling from Texas to Maryland. He gave a false statement, and the officer suspected human trafficking but let him go.

It is alleged that the person whom Abrego Garcia described as his “boss” at a construction job was Jose Ramon Hernandez Reyes, an illegal migrant previously convicted of human smuggling. The black 2001 Chevrolet Suburban belonged to Hernandez Reyez.

Now, the indictment details a broader array of evidence. The grand jury found evidence of extensive human trafficking violations over 9 years. The indictment speaks of cooperating witnesses prepared to implicate Abrego Garcia in an international smuggling operation involving guns, narcotics, and humans that included over a 100 such transports.

“Over the course of the conspiracy the coconspirators knowingly and unlawfully transported thousands of undocumented aliens who had no authorization to be present in the United States and many of whom were MS 13 members and associates The co conspirators also worked with transnational criminal organizations in Mexico to transport undocumented aliens through Mexico and into the United States.”

Ironically, in light of this indictment, any criminal defense attorney worth his salt would have opposed deportation to the United States from El Salvador. Instead, Abrego Garcia will face a much longer possible criminal sentence. He will eventually then be deported to El Salvador regardless of the outcome of the criminal prosecution.  Abrego Garcia never had a compelling basis for remaining in the United States. He gamed the system for years, a system that seems utterly incapable of dealing with this national emergency.

He will get due process, but make no mistake about it. Abrego Garcia is coming back, but he is not coming home.

293 thoughts on “Hard Landing: The Return of Kilmar Abrego Garcia”

  1. Kilmar had his due process available all along. He could have walked in to US consulate in San Salvador with his mommy and apply for asylum on account of being MS13 and harassed by competing gang (that is what he claimed later). Instead, he chose going to Mexico, which was a safe country for him. Thus, whole charade after he illegally entered US collapses. No secondary due process after that. Sorry, Mr Van Hollen.

    1. More like truth …and the left cant handle the truth Killer garcia will go back either way ..and in cuffs.

  2. How archetypical MAGA media is today’s little potty piece: Turley disputes non-MAGA media claims that Garcia had been living a quiet life, and then claims “the FACTS PROVED far more damning. He was repeatedly ACCUSED OF beating his wife. The court record also included ALLEGATIONS OF his involvement in a notorious gang. Even the lead sentences are deliberately misleading: ” one thing SEEMS virtually certain: Abrego Garcia will eventually go home . . . to El Salvador.” The whole fight about Garcia was the lack of due process prior to his summary deportation and Trump’s open refusal to comply with Court orders–THAT is the story a law professor should address, not “allegations” and “accusations”.

    There is a vast difference between “proven facts” and “accusations” and “allegations”, especially when the accusations and allegations come from syncophatic twit Pammie Jo Blondie, who does whatever her orange boss tells her to do. Something that only SEEMS “virtually certain” is clearly NOT certain at all. So, why would Turley write garbage like this that attempts to defend the clearly wrongful conduct of Blondie? AND it really doesn’t matter if Garcia is the bad guy MAGA media tries to portray him as–the issue is the Constitutional right of due process that Trump refuses to honor, even after Courts tell him he is wrong.

    It’s one thing for the pundits on MAGA media to throw red meat to the disciples, but for a law professor to make deliberately misleading statements is quite another. What is NOT disputed is that Trump, via Blondie, initially flat out refused to return Garcia, even after the SCOTUS ordered his return–Trump actually said he would NOT be returned. Then, there was the tsunami of lies–they can’t control what El Salvador does, it’s out of their hands, the Court Order came after the aircraft was outside of US airspace, the President of El Salvador is the only one who could return Garcia and he hasn’t agreed to do it, they can’t make him, even though they are paying millions for the incarceration of those who were deported…blah, blah, blah. It wasn’t until it was clear that the Court would be issuing sanctions, which could have included incarceration, that Garcia was returned–so now, he just HAS to be a bad guy. Whether Garcia is or isn’t is not the point–the whole episode is a stain on the DOJ under Blondie, who has been charged with disciplinary violations against her law license. But, it’s Florida, so I’m not holding my breath. Nevertheless, she openly does what Trump tells her instead of exercising the independent judgment required of a prosecuting attorney because her office is just an extension of the Trump campaign. She SHOULD have her license yanked.

    Just recently Dan Bognino admitted on Fox that the evidence PROVES that Epstein killed himself, and that all of the blather about his death being murder by Democrats was just a lie. Another lie that is being walked back is that J6 was an inside job. But MAGAverse is in a tizzy–they just won’t accept facts, even when they come from Bognino who originally peddled the lies they prefer to believe.

    1. Weird how mouthpieces of the left unflinchingly support a wife beating illegal whom had a side gig of transporting illegals for cash. Killer garcia has no place in America…never did , never will ( except in prison ) .

    2. “The whole fight about Garcia was the lack of due process prior to his summary deportation…” :-/

      Funny how the real TIZZY, “due process” for non-citizens [the interloping, the breaking-and-entering of the country (see Abrego) ], affords SO MUCH leeway or creative-but-false legal theory for those of you extreme-leftists.

      Is there anyway to break through the thick skulls to understand that legal/civil duties owed in the first case, have been brashly violated. In the first case, you all need to define how and why a non-citizen who enters the country with ZERO pledge of allegiance has the “constitutional right” of benefits guaranteed to citizens, and not aliens. Aliens are not given the same Constitutional Liberty that citizens enjoy.

      As for LIES, they abound on both sides of your political paradigm, and the more you spout for them, the more division you assist in crating. Calm down.

      1. Of course, he HAD due process BEFORE and had a standing deportation order. How/why this was ever contested and he was brought back is completely baffling. What happened to that order? Was it suddenly no longer valid? Either way, that scum is going to have fun in prison then BACK to El Salvador. Hilarious!

    3. let’s all keep track of gigi’s little “anonymous” tricks to force her to keep establishing a new one of a different color or pattern!

    4. ATS clearly you are ignorant of the facts.

      Many posters have provided links to court transcripts, court orders, video and other documnets and evidence regarding Garcia.

      That you still want to pretend that not just the evidence – but the actual fourt findings regarding him are just allegations is evidence of willfull blindness.

      Why should anyone trust NAYTHING you write, when you are so ignorant of the readily available facts about most everything you post about ?

      Absolutely the executive refused to return Garcia – and SCOTUS ruled that the courts can ASK but they can not REQUIRE the administration to do somehting in the domain of foreign affairs.

      You loons on the left talk of Trump being a King or dictator – but it is the courts that are making decisions outside their legitimate domain that they do not have the constitutional power to do.

      The jurisdiction of the courts is limited to cases and controversies brought to them by plantiffs with standing, and confined to the law and the constitution.

      Judges do NOT get to decide policy in the US – this is NOT brazil.
      Judges are no copresidents.

      You can beleive Trump makes bad decisions and biden makes good ones – or the otherway arround, Neither are the business of the courts.
      The question courts must answer is not is a policy a good one, but is it lawful and constitutional.

      Everyone is entitled to due process when government is infringing on a right.
      There is no right for illegal aliens to be in the US.
      The due process required to deport them is minimal.

      Garcia is NOW being prosecuted for Crimes in the US – he will get FULL criminal due process – in TENNESSEE not DC.
      A grand jury has found it more likely than not that Garcia has committed MANY crimes. That is FAR more that necescary to deport him.
      3 courts previously ruled that Garcia was a gang banger – and Garcia allowed those decisions to become final by chosing not to appeal.

      Regardless, the Trump administration is likely reveling in the Trial of Garcia. They are going to enjoy shoving the left and the medias face in all the criminal conduct of Garcia.

      Whoever came up with this strategy in the WH was brilliant. This case will taint ALL the efforts of the left to obstruct ICE and this administration.

      It will also impact future SCOTUS decisions – Trump complied with an unconstitutional court order. and he did so in a way that is making the courtts look foolish.

      As the evidence mounts in TN, Judge Xinis will look more and mor like a tyranical arrogant fool.
      As will all the other judges thwarting the deportation if illegal immigrants.

      Democrats keep flying into box canyons.
      The investigation and grand Jury have found that Garcia was heavilly involved in human traficking.
      That he repeatedly and knowingly transported violent criminals, terrorists, children and lots of less dangerous illegal aliens.
      That he worked for MS13 doing so.
      That he transported juvenile gang bangers,
      that he raped some of the people that he transported.

      DOJ will be working hard to absolutely destroy the idiotic “maryland man” nonsense of the left.

      This will be a show trial – but it is not Garcia on Trial – it is YOU – the left, the MSM,

      You rant that nothing is proven.
      Your an idiot. If DOJ did NOT have a damning case against Garcia – they NEVER would have brought him back.
      SCOTUS already refused to order his return.

      Garcia was brought back because:
      The video of the state police traffic stop allowed DOJ to select the federal district court in TN as venue – stripping Xinis and other meddling garcia judges of jurisdiction.
      Because they investigated and built a damning case.
      Because the real jury will be the american people,
      Because the real defendants will be the lying left.

      Garcia was brought back because they KNOW they can get a very embarrassing victory and they KNOW the impact will be to sour the nation and the courts on further interference.

      In every further immigration argument the DOJ makes – they will point out that Garcia could have been deported to CECOT,
      and instead the US wasted enormous amounts of effort to convict an OBVIOUS gang banger.

      This is also a message to TdA and other illegal gang bangers – GET OUT NOW, it WILL get worse.

      Those of you on the left are making the same stupid mistake in LA right now.

      You are creating news that the whole country sees of arson and looting and beating on police for DOING THEIR JOB – trying to deport dangerous criminals from LA.

      The more you fight the worse you look and the more you loose.

      The american people want to know why you are at war with the police to protect violent criminals.

  3. When he is deported back to El Salvador, he will be made an example and will likely find himself in greeted by the welcoming committee from the CECOT terrorism prison.

    Goodbye Margaritaville.

    1. Those drinks that were placed on the table in front of Senator Van Hollen and Garcia were PROPS–they had not ordered drinks and were NOT drinking Margaritas–it was a publicity stunt.

  4. Under the Obama/Clinton operational guidance (Dem Deep State), the US NGOs went to Central and South America and spread the Open Frontier (US Southern Boarder) message and organized transport of Aliens to the Southern Boarder in tandem with Cartel operatives. This was to flood the United States with Counter Revolutionaries in order to maintain control of Market flows and Labor (Keep the Lower and Middle Class in it’s place).

    As 2Pac said: I see no Changes, I came from the Gutter and I’m still here, That’s just the way it is – (Got That, Still here in my place).
    This song is an Olive Branch “Learn to see me as a Brother, Instead of two distant Strangers”
    [https://www.youtube.com/watch?v=eXvBjCO19QY]

    Trump is trying to remove the Counter-Revolutionaries forces that Obama, Clinton, and Biden produced (The Operation by Deep State Think Tanks).
    (That’s a good thing, making people like Kilmar Abrego Garcia have to go back from whence they came]
    It not hard to figure out why the Illegal Invaders and Cartel Gang were given a free pass to flood the Country was done for. It’s to keep the Status Quo of Supremacy and Subordination in place.

    What is counter-revolution? Its happened several times in America.
    We have a History of it, beginning with the Revolutionary War.

    Counter-revolutionary – Wikipedia
    A counter-revolutionary or an anti-revolutionary is anyone who opposes or resists a revolution, particularly one who acts after a revolution has occurred, in order to try to overturn it or reverse its course, in full or in part.
    The adjective “counter-revolutionary” pertains to movements that would restore the state of affairs, or the principles, that prevailed during a pre-revolutionary era.
    en.wikipedia.org/wiki/Counter-revolutionary

    COUNTER REVOLUTION Definition & Meaning
    Merriam-Webster
    https://www.merriam-webster.com
    1. a revolution directed toward overthrowing a government or social system established by a previous revolution
    2. a movement to counteract revolutionary trends.
    merriam-webster.com/dictionary/counterrevolution

    The Counter-Revolution of 1836: Texas Slavery & Jim Crow and the Roots of U.S. Fascism
    Texas has become a leader of ultra-right forces nationally – especially since the 1950s – when the notorious oilmen were the bulwark of support for McCarthyism. One lesson from Texas history, though, is that repression was so severe because resistance was so daunting – a lesson to keep in mind as this century unfolds.

    Author(s): Gerald Horne,
    ISBN: 9780717800018
    https://www.intpubnyc.com/browse/the-counter-revolution-of-1836-texas-slavery-jim-crow-and-the-roots-of-u-s-fascism/

    The DEMs do things that keep screwing themselves (Like Voting this whole Border Invasion into Office – Biden), Why? Because they’re not supposed to know that they are screwing themselves. So they keep the People in power that keep them in place.

    1. The Counter-Revolution of 1776
      Slave Resistance and the Origins of the United States of America

      Prior to 1776, anti-slavery sentiments were deepening throughout Britain and in the Caribbean, rebellious Africans were in revolt. For European colonists in America, the major threat to their security was a foreign invasion combined with an insurrection of the enslaved. It was a real and threatening possibility that London would impose abolition throughout the colonies—a possibility the founding fathers feared would bring slave rebellions to their shores. To forestall it, they went to war.

      The so-called Revolutionary War, Horne writes, was in part a counter-revolution, a conservative movement that the founding fathers fought in order to preserve their right to enslave others. The Counter-Revolution of 1776 brings us to a radical new understanding of the traditional heroic creation myth of the United States.

      https://nyupress.org/9781479893409/the-counter-revolution-of-1776/

    2. Seen the pictures of LA. The illegals control the town. Another lib mess-up.
      Thanks biden

      1. Thank You Dustoff:
        “Another lib mess-up”
        No 0Mess up – IT WAS DELIBERATELY DONE

      2. Trump’s best move now:

        Immediately Shut Down:
        California has become National Emergency and threat to the rest of the Nation wherefore:
        All Interstate Highways, Air Flights, Marine and Rail Traffic under Federal jurisdiction going into and out of the State of California will be closed (Shut Down).

        I-5
        I-8
        I-10
        I-15
        I-40
        I-80
        Etc. …

        All State Highways bordering: Arizona, Nevada, and Oregon will be closed at their boarders.
        No National Guard or Military, Federal support will intervene (Stand-Down Order).

        Governor Gavin Newsom is in full charge and responsible for the State of the State.

        Let the Governor et.al and People of the State, “Cook their own Goose.”

    3. I like what you say. Yes, a type of counter counter revolution to keep people so violent and busy they’ll always be oppressed by one group or another keeping those unoppressed free of any bother living happily and peacefully eventually in separate worlds. The unoppressed don’t know you exist at all. Keep fighting among each other. It’s been arranged.

      Yes, correct.

  5. “Rather than yielding to the challenged orders … [it showed] … it can bring Abrego Garcia back to stand trial.”

    Disagree slightly … Trump clearly demonstrated judicial overreach in the orders of lower court judges who attempted to turn back planes, and to order progress reports progress securing Abrego’s return.

    Judicial Review means nothing if not a broad but sometimes thin prohibition on attempts by the judiciary exercise executive power. Without that, Judicial Review will bring the US to a state of Judicial Supremacy … much like the UK’s despised Legislative Supremacy that provoked the American Revolution.

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