In 2011, Kilmar Abergo Garcia, age 16, came with his family to the United States after being extorted by the local gang “Barrio 18” in El Salvador. After several years, in 2019, Garcia was arrested in Hyattsville, Maryland, while in a Home Depot parking lot looking for a job. He was with two other men when being arrested–One of whom was known by the Hyattsville Police Station for being in the MS-13 gang.
When Garcia was taken, he was interviewed alongside the two other men. The police then titled Kilmar’s report as “Gang Field Interview Sheet” and turned him over to Immigration And Customs Enforcement (ICE) when noticing he was not a citizen of the United States. While in Immigration Court, the judge stated that Kilmar was not to be sent back to El Salvador because he had proven that he had “well-founded fear of future persecution.” He was granted a “withholding of removal to the country” allowing him to stay in the United States and work until becoming a citizen. Now the Trump Administration states that a “withholding of removal” does not mean someone gets to stay in the U.S permanently –it simply blocks the relocation to a specific country. In Kilmar’s case he could not be deported to El Salvador but could have been deported to a third party country if they would accept him.
On March 15, 2025, Kilmar Abergo Garcia was deported to El Salvador in direct violation of the court’s order. When news reporters spoke to the Trump Administration they said that it was not intentional and was an error. We then lost the legal jurisdiction to demand his return because he was in the Salvadorian Authorities custody. Kilmar’s family states he was a union worker, married to a U.S citizen and the primary caregiver for three children one with special needs, leaving his family with no support.
El Salvador’s President, Nayib Bukele, has labeled Kilmar a terrorist as part of El Salvador’s sweeping anti-gang crackdown which led to tens of thousands of detentions without trial. At this point The United States believe Kilmars case is entangled in international diplomacy, not just immigration law. In El Salvador, Cecot prison is known for its world record of “Most Notorious prisons under vague accusations” this leaves it up to the U.S to have responsibility and stand up for due process, especially since it was our mistake. Kilmar’s family has been speaking out since his disappearance.
Maryland Senator Chris Van Hollen recounts his meeting with her husband in El Salvador. Senator Van Hollen says that when speaking to Kilmar he would do everything in his power to get him out and Kilmar said he misses his family and is worried about them more than himself. Senator then says that Kilmar was not afraid of the 20 to 25 men in his cell but he was traumatized about being in cecot and fearful when hearing the other prisoners taunt him. Kilmar then was moved to a different detention center in Santa Ana with better conditions but still no way to see the news or communicate with his family.
The Kilmar Abegro Garcia case is still to be determined. While Kilmar waits he is in Santa Ana, El Salvador penitentiary. Will the Trump Administration be forced to follow the Supreme Court’s order? Will El Salvador be forced to return him? Or will Garcia remain kidnapped?
