A protester holds a photo of Maryland man Kilmar Abrego Garcia as demonstrators gather to protest against the deportation of immigrants to El Salvador outside the Permanent Mission of El Salvador to the United Nations on April 24, 2025. (Photo by Michael M. Santiago/Getty Images)

WASHINGTON — Kilmar Abrego Garcia, a Maryland man wrongly deported to his native El Salvador three months ago, was brought back to the U.S. on Friday and will face federal charges, U.S. Attorney General Pam Bondi said.

Abrego Garcia’s case had become a flashpoint in a debate over what due process rights protect immigrants from deportation after federal officials conceded he was sent to a notorious El Salvador mega-prison because of an administrative error. 

Still, President Donald Trump, El Salvador President Nayib Bukele, Bondi and other administration officials said for months Abrego Garcia could not be released because of criminal conduct they had not publicly produced evidence of.

In a gaggle with reporters on Air Force One Friday night, Trump declined to say whether it was his decision to bring Abrego Garcia back to the U.S., according to White House pool reports.

“He should have never had to be returned,” Trump said. “It’s a disaster.”

Bondi said Friday a federal warrant for Abrego Garcia’s arrest on human trafficking charges compelled his release from the Salvadoran prison system.

“Abrego Garcia has landed in the United States to face justice,” Bondi said at a Department of Justice news conference Friday afternoon. “He was a smuggler of humans and women and children.”

The 10-page indictment filed in the Middle District of Tennessee comes after a federal grand jury indicted him on May 21 for allegedly transporting migrants in the U.S. without legal authorization within the country.

Chris Newman, an attorney representing the Abrego Garcia family said at a virtual press event Friday that he remained skeptical of the federal charges lodged at Abrego Garcia.

“I can tell you that we should all treat whatever charges that are being leveled against him with a high degree of suspicion,” Newman said. “We should make sure that he gets a fair (trial) in court because he’s clearly not getting a fair hearing in the court of public opinion.”

Bondi did not detail when the investigation into Abrego Garcia began, but said the federal indictment charges contained “recently found facts.”

“This is what American justice looks like upon completion of his sentence, we anticipate he will be returned to his home country of El Salvador,” Bondi said.

WKRN in Nashville said Abrego Garcia’s arraignment has been scheduled for 10 a.m. Friday. 

Outcry over due process

Abrego Garcia’s wrongful deportation to the notorious mega-prison Centro de Confinamiento del Terrorismo, or CECOT, drew national outcry as the Trump administration clashed with a federal court that ordered the return of the Beltsville man and resisted the U.S. Supreme Court’s order to “facilitate” his return.

Despite the orders, Trump administration officials did not appear to take any public steps to secure Abrego Garcia’s release, and at times seemed to relish their defiance of the courts.

Bondi thanked El Salvador’s government Friday for releasing Abrego Garcia in compliance with the warrant.

The Trump administration has argued in federal court in Maryland for months that Abrego Garcia is in the custody of El Salvador and therefore cannot be returned, despite a $15 million agreement between the U.S. and the Salvadoran government to keep roughly 300 men removed from the U.S. and detained at CECOT. Abrego Garcia had been moved to a different El Salvador prison prior to his release.

Abrego Gacia had deportation protections to his home country of El Salvador since 2019.

He was pulled over by U.S. Immigration and Customs Enforcement agents in March and informed that his immigration status had changed. He was later placed on one of three deportation flights on March 15 to CECOT.

The Trump administration admitted his removal was an “administrative error” but has since alleged that Abrego Garcia was a leader in the MS-13 gang without producing evidence in the federal civil court overseeing the suit challenging his removal.

Maryland U.S. Sen. Chris Van Hollen, who traveled to El Salvador to press for Abrego Garcia’s release and return to the U.S., welcomed the news as a victory for due process rights.

“As I have repeatedly said, this is not about the man, it’s about his constitutional rights – and the rights of all,” the Maryland Democrat said in a statement. “The Administration will now have to make its case in the court of law, as it should have all along.”

William J. Ford contributed to this report.

Maryland Democratic U.S. Rep. Glenn Ivey, who represents the district where Kilmar Abrego Garcia and his wife live, led the chant “bring him home” outside the U.S. District Court for the District of Maryland shortly before a hearing in Abrego Garcia’s case on Friday, May 16, 2025. (Photo by Ariana Figueroa/States Newsroom)

GREENBELT, MARYLAND — A federal judge said Friday the Trump administration has “pretty broadly” invoked the state secrets privilege to withhold information on its efforts — or, the judge indicated, a possible lack of effort — to return a wrongly deported Maryland man from a prison in El Salvador.

President Donald Trump’s administration moved last month to invoke the so-called state secrets privilege to shield information about its process to facilitate the return of Kilmar Abrego Garcia to the United States after a top immigration official admitted his removal to a prison in El Salvador was an “administrative error.”

The judge handling the case, U.S. District Judge Paula Xinis, granted an expedited discovery process after she found last month that “nothing has been done” by the administration to return Abrego Garcia.

She did not make a public order regarding the state secrets privilege Friday afternoon before closing her courtroom to the public to discuss sensitive matters with attorneys for Abrego Garcia and the Department of Justice.

The state secrets privilege is a common-law doctrine that protects sensitive national security information from being released. The Trump administration has argued the need to invoke it in this case to protect diplomatic relationships.

‘He’ll never walk free in the United States’

During the public portion of Friday’s hearing, Xinis pressed the Department of Justice attorneys about Homeland Security Secretary Kristi Noem’s comment that Abrego Garcia “will not return” to the U.S.

“That sounds to me like an admission that your client will not take steps to facilitate the return,” Xinis said. “That’s about as clear as it can get.”

DOJ attorney Jonathan D. Guynn disagreed and said the Trump administration is complying with court orders. He said Noem’s comment meant that if Abrego Garcia was back in U.S. custody he would be removed either to another third country or back to El Salvador.

“He’ll never walk free in the United States,” Guynn said.

He added that the Trump administration is “currently complying and we plan to comply.”

Xinis said she disagreed, and then she clashed with Guynn over the legality of Abrego Garcia’s removal.

Guynn said that he was lawfully deported.

Xinis answered that she found months ago that Abrego Garcia was unlawfully detained and removed from the U.S.

Few documents produced

One of the attorneys for Abrego Garcia, Andrew J. Rossman, said the Trump administration has invoked the state secrets privilege for 1,140 documents relating to the case. From that request, Rossman said his team received 168 documents, but 132 were copies of court filings and requests made by him and his team.

Xinis seemed visibly stunned by Rossman’s report and had to clarify that his team had only received 36 new documents, which Rossman confirmed.

Rossman said that none of the documents for which the government is invoking the state secrets privilege are classified.

“There’s ways to do this right, and they haven’t done it,” he said, noting that he has attorneys on his team who have security clearances and can review classified and sensitive information.

Rossman said that he and his team are seeking answers to three questions: the status of Abrego Garcia, what steps the Trump administration has taken, if any, to facilitate his return, and the steps the federal government will take, if any, to comply with court orders.

Guynn said the Trump administration received an update from El Salvador on Thursday that Abrego Garcia was in “good health” and had “even gained weight.”

The U.S. Supreme Court ordered that the Trump administration must “facilitate” the return of Abrego Garcia.

Rossman, said that it’s “deeply disturbing” that administration officials, including the president, have made public statements that contradict court orders directing the government to return Abrego Garcia to the U.S.

President Donald Trump has said he could easily pick up the phone and order El Salvador to return him but won’t because he believes Abrego Garcia is a member of the MS-13 gang.

Noem was pressed at a May 14 congressional hearing about a photo that appears altered to add letters across Abrego Garcia’s knuckles to indicate his inclusion in the gang. She said she was unaware of it.

A federal judge in the District of Columbia, in a separate case regarding Trump’s use of an archaic wartime law for deportations, questioned Department of Justice attorneys on the president’s claim that he could order Abrego Garcia to be returned. The attorney admitted that the president sometimes overstates his influence abroad.

El Salvador prison

Abrego Garcia has had protections from deportation since 2019, but he was one of nearly 300 men on three mid-March removal flights to a notorious prison in El Salvador known as CECOT.

Abrego Garcia has been moved to a lower security prison, according to Maryland Democratic Sen. Chris Van Hollen, who traveled to the country last month to meet with Abrego Garcia and inquire with Salvadoran officials about why he is being held there.

Those officials said Abrego Garcia was being held because of the agreement between the United States and El Salvador.

The U.S. has a $15 million agreement with El Salvador’s government to house immigrants removed from the U.S., mostly Venezuelans removed under the wartime law, the Alien Enemies Act of 1798.

The Trump administration has argued that Abrego Garcia is a national of El Salvador and in that country’s custody and the U.S. cannot force another government to return him. 

Hours before Friday’s hearing, dozens of protestors gathered outside the court, calling for Abrego Garcia to be returned to the U.S., as well as criticizing the Trump administration’s immigration crackdown. 

U.S. Rep. Glenn Ivey, who represents the area in Maryland where Abrego Garcia and his family live, appeared outside the court and led chants calling for the release of Abrego Garcia from El Salvador.

“The president has to obey the orders of the Supreme Court,” Ivey said. “The Supreme Court has spoken here, and it’s time for him to follow it and bring him home.”