BBC verify
AtmosphereThe case of Kilmar Abrego Garcia, a 29 -year -old El Salvador, who was deported to the United States in March, has led to a legal confrontation on the administration’s immigration policy.
Judges to the United States Supreme Court have ruled that Mr. Abrego Garcia was mistakenly deported and that the United States government should help « facilitate » his return to his house in Maryland.
But the White House has accused Mr. Abrego Garcia of being a member of the Salvadorian transnational gang MS-13, a designated foreign terrorist organization, saying that he will never live in the United States.
Abrego Garcia denies that he is a member of the gang and has not been convicted of any crime.
The BBC Verify has examined court documents and public records to determine what is known and what is still unknown to Mr. Abrego Garcia and his alleged links with MS-13.
What do we know about the alleged MS-13 links?
Abrego Garcia has acknowledged entering the United States illegally in 2012, According to court documents.
In March 2019 he was detained along with three others in Hyattsville, Maryland, in the car park of a man depot.
Prince George County Police officers said men were « exciting » and later identified by Mr. Abrego Garcia and two of the others as members of the MS-13.
In a document entitled « Band’s field interview sheet », Local Police detailed their observations.
They said that Mr. Abrego Garcia wore a « Chicago Bulls hat and a hooded sweatshirt with rolls of money covering the eyes, ears and mouths of the presidents in separate denominations. »
The officers stated that the clothes were « indicative of the culture of Hispanic bands » and that « wearing the Chicago Bulls hat represents Thay (sic) who are good members with the MS-13 ».
Steven Dudley, a journalist and author who has spent years studying the MS-13 Colla, said that it is true that « at some point, the Chicago Bulls logo with the horns became a type of type for the MS-13 devil symbol ».
But wearing the very popular basketball team logo, he added, of course, is not unique to the gang.
« Any statement on band affiliation should be corroborated with witnesses, criminal history and other corroborating tests, » said Dudley.
According to the field interview sheet and other court documents, officers said that a « proven and reliable source » was also alerted that Mr. Abrego Garcia was an active member of MS-13’s « clique westerns », with the « Chequeo » rank.
However, Mr. Dudley says that a « chequeo » is not a rank, but is used to refer to recruits that must not yet be started.
Pictures of gettyLawyers for Mr. Abrego Garcia argued in court files That the « western click » is headquartered in New York, where they say that their client has never lived. And according to government documents, he has dismissed the information given to the police against him as a « hearing ».
According to their lawyersMr. Abrego Garcia has never been convicted of any crime, including membership in the bands, in the United States or in El Salvador. He lived in the United States for 14 years, had three children and worked on construction, according to court records.
But the judge who presided over his 2019 case said it is based on confidential informationThere was enough evidence to support the Mr. Abrego Garcia bands. This finding was later confirmed by another judge.
As a result, Mr. Abrego Garcia was rejected by the deposit and remained in remand. During this time he requested asylum to prevent his deportation to El Salvador.
In October 2019 he was granted a « retaining withholding » order, The court documents show – A state different from asylum, but one that prevented the United States government from sending it to El Salvador because it could deal with damage.
Mr. Abrego Garcia’s lawyers say that the state was granted Based on their fear of ‘well -founded’ persecution By Barrio-18, the main rival group of MS-13.
He said that before he entered the United States, his family and his business had been threatened and fired by the Barrio-18.
Since 2019, when he has been released with the protection order, Mr. Abrego Garcia’s lawyers say he has had annual Check-in with immigration officials, whom he has attended « without failure and without incidents ».
What are the separate allegations against him?
Abrego Garcia has faced at least two complaints of criminal activity, none of which was a sentence.
In 2021 his wife, Jennifer Vasquez Sura, filed a request for protection against him, claiming that he had physically attacked him on several occasions, According to documents shared by the United States National Security Department.
Ms. Vasquez Sura said in a statement on April 16 that he had decided not to continue with the court at the time, and that she and her husband « were able to work through this private situation as a family, including advice ».
He described his husband as « a couple and a loving father » and repeatedly denied that he is a member of the MS-13 band.
On April 15, Karoline Leavitt, a White House Secretary of the White House, also accused Mr. Abrego Garcia of participation in the traffic of people.
He seemed to be referring to a report to Tennessee Star, a news conservative website, who stated that Mr. Abrego Garcia was detained by a Tennessee road patrol officer by suspicion of people in December 2022.
A report from the National Security Department said it was stopped to accelerate and not stay in its lane.
There were eight other people in the car without luggage, as the officer said that the officer could suspect that it could be a case of human trafficking.
However, no criminal case was presented against Abrego Garcia.
« Kilmar worked on construction and sometimes transported groups of workers between jobs, so it was completely plausible that he would have been run over while driving with other people from the vehicle, » said Mr. Abrego Garcia’s wife, Jennifer Vasquez Sura, on the incident.
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