Simon Sandoval Moshenberg, one of the attorneys representing Kilmar Ábrego García, spoke out at a news conference on Friday, calling the government’s actions an "abuse of power." He described how the government had sent Ábrego García to a foreign prison in violation of a court order. Moshenberg emphasized that instead of correcting this mistake, the government is now bringing him back to face prosecution.
Ábrego García, who entered the United States illegally as a teenager from El Salvador, was arrested in Maryland in 2019 along with three other men. An immigration judge later granted him protection from deportation due to fears of persecution from gangs in his home country.
On March 15, he was deported as part of a crackdown by the Trump administration, which used the Alien Enemies Act to justify the action. This act allows for the detention or deportation of individuals from enemy nations. After his deportation, Ábrego García was taken to a notorious prison in El Salvador known for its harsh conditions.
Initially, government lawyers claimed that his transfer was due to an "administrative error." However, the Trump administration did not order his return despite the controversy. This led to a lengthy legal and political struggle regarding whether the government was obligated to bring him back to the U.S.
Maryland Senator Chris Van Hollen demanded to see Ábrego García while he was in El Salvador, which resulted in his transfer to a different prison within the country. Van Hollen reiterated that the issue at hand was about protecting constitutional rights, not just about Ábrego García himself. He stated that the administration must now present its case in court.
President Trump characterized Ábrego García as a "bad guy" and supported the Justice Department’s decision to return him for trial. El Salvador’s President Nayib Bukele, a Trump ally, stated that if the U.S. requested the return of a gang member for charges, they would comply.
As Ábrego García prepares for his court appearance in Tennessee next Friday, the U.S. government plans to request that he be held in pretrial custody. They argue he poses a danger to the community and a serious risk of flight. This case highlights ongoing debates about immigration policy and the rights of individuals facing deportation.