BALTIMORE — The Department of Justice is seeking to keep Kilmar Abrego Garcia in custody pending his federal criminal trial in Tennessee on two counts of unlawfully transporting undocumented aliens within the United States.
Garcia, an alleged MS-13 gang member living in Maryland, was arrested by ICE and deported to his native country of El Savador back in March.
His family sued alleging a violation of due process.
A federal judge in Maryland ordered Garcia's return, but the government refused, despite initially conceding his deportation was carried out in error.
Over the weekend, Attorney General Pam Bondi revealed Garcia was being brought back to the U.S., but only because a warrant had been issued for his arrest.
Bondi said the Government of El Savador agreed to Garcia's extradition to face justice here in America.
In a Friday court filing the DOJ made shocking allegations, never before reported.
Here are some of the major revelations from the federal government's latest court filing.
- The government alleges Garcia once solicited child pornography. They also claim to have evidence of Garcia smuggling young children into the country. For now, Garcia is not facing any charges of crimes against children, however, the DOJ says it's continuing to investigate the matter.
"The defendant solicited nude photographs and videos of a minor, beginning in approximately 2020. The Government’s investigation into the defendant’s solicitation of child pornography is ongoing, and no charges against the defendant regarding child pornography have been filed, but it demonstrates the danger the defendant poses to the community not just with respect to alien smuggling."
"The defendant also transported minors in an unsafe way – not restrained in car seats, but on the floor-board – recklessly and selfishly designed to maximize the number of undocumented aliens being transported and therefore increase profits."
- The DOJ believes Garcia's true fear of being deported to El Salvador, was due to his past participation in the murder of a rival gang member's mother. No charges connected to murder have been filed thus far.
"The defendant, according to the information received by the Government, was in fear of retaliation by the 18th Street gang – the underlying reason for the retaliation was the defendant’s own actions in participating in the murder of a rival 18th Street gang member’s mother."
"One of the most troubling facts the Government learned in its investigation was how the defendant got into MS-13. According to a co-conspirator, the defendant stated that he participated in the murder of a rival gang member’s mother in El Salvador—specifically the mother of an 18th Street gang member."
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- In addition to human smuggling, Garcia is accused of trafficking guns and drugs into the United States. Current charges against Garcia do not include drug or gun trafficking.
"He personally participated in violent crime, including murder, and, in addition to alien smuggling, the indictment alleges he also trafficked drugs and firearms."
- The feds say Garcia was known to abuse females he was transporting into the country. It got to the point that his co-conspirators were forced to step into stop him.
"Other co-conspirators were so concerned about the defendant’s abuse towards the undocumented alien females that they confronted him about it on multiple occasions and and told him to stop."
MORE: Abrego-Garcia's wife accused him of kicking, pushing, and slapping her multiple times in the past
- Prosecutors accuse Garcia of smuggling since at least 2016. They claim Garcia made at least one trip a week, transporting approximately 50 undocumented immigrants throughout the United States per month, making over $1000 each trip. He also tried recruiting others to help, according to court documents.
"The defendant had been smuggling aliens for years, earning well over $1,000 for every trip. The evidence will also show that the co-conspirators had no other source of employment – only alien smuggling – and that the defendant was one of the most prolific smugglers in the conspiracy."
"The defendant made at least one trip per week over the course of several years."
"Specifically, the defendant had been in the alien smuggling business for years, since at least 2016, and it was his primary source of income. Testimony at trial will establish that the defendant transported approximately 50 undocumented aliens throughout the United States per month for several years."
"The Government learned in its investigation that the defendant, on many occasions over the course of several years, tried to recruit others to engage in alien smuggling with him, promising lucrative payments for riding to Texas with the defendant to pick up undocumented aliens."
- The federal government suspects 30 percent of those smuggled into the country by Garcia are members of the murderous MS-13 gang.
"As many as thirty percent of the undocumented aliens transported by the conspiracy were gang members."
- Prosecutors say license plate readers and phone records prove Garcia lied to Tennessee State Police when pulled over in November 2022 on suspicion of human trafficking.
"The SUV the defendant was driving on November 30, 2022, was owned by a co-conspirator and convicted alien smuggler. Cellphone location information for the cellphone used by the defendant – as well as License Plate Reader (“LPR”) data for the SUV – showed that the defendant lied to the THP when he told them he had been working a construction job in St. Louis for the past two weeks. Specifically, the defendant had been in Texas earlier that same morning and had not been close to St. Louis within the prior two weeks."
RELATED: Tennessee Highway Patrol suspected Abrego-Garcia of being involved in human/labor trafficking
If convicted, Garcia could face up to 10 years in federal prison for each person illegally transported, which could total several decades.
Garcia's long denied being part of MS-13.
His attorney Simon Sandoval-Moshenberg issued this statement to ABC News.
"We are going to fight to ensure Kilmar receives a fair trial—something he has yet to be afforded, especially by this administration. 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. 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."
Garcia is scheduled to be arraigned on June 13.
The government's full motion for pre-trial detention can be read below, along with charging documents.