Fact Check: Is Kilmar Abrego Garcia an illegal immigrant?

Fact-Check: Is Kilmar Abrego Garcia an Illegal Immigrant?

What We Know

Kilmar Abrego Garcia is a 29-year-old from El Salvador who has been at the center of a significant legal and political controversy regarding his immigration status. According to BBC News, he acknowledged entering the United States illegally in 2012. He lived in the U.S. for 14 years, during which time he worked in construction and had three children. In March 2019, he was detained by law enforcement in Maryland, where police alleged he was associated with the MS-13 gang, a designation supported by the Trump administration, which claimed he was a member of this transnational gang (DHS Report).

Despite these allegations, Abrego Garcia has never been convicted of any crime in either the U.S. or El Salvador (Wikipedia). In 2019, he was granted a "withholding of removal" status due to fears of persecution from rival gangs if he returned to El Salvador (AP News). This status allowed him to live and work legally in the U.S. until his deportation in March 2025, which was later deemed an administrative error by the courts (Wikipedia).

Analysis

The claim that Kilmar Abrego Garcia is an illegal immigrant is substantiated by his own admission of entering the U.S. without legal documentation in 2012. This fact is corroborated by multiple sources, including court documents and news reports (BBC News, DHS Report). His status as an illegal immigrant is further confirmed by the legal proceedings surrounding his deportation, which involved accusations of gang affiliation but no criminal convictions.

However, the reliability of the sources alleging his gang membership is mixed. While the Trump administration has publicly labeled him an MS-13 member, experts like Steven Dudley have pointed out that the evidence presented, such as his clothing and tattoos, does not definitively establish gang affiliation without further corroborating evidence (BBC News). Additionally, the court's decision to uphold the government's claims was based on confidential information, which raises questions about transparency and the validity of the evidence used (Wikipedia).

Abrego Garcia's legal team has consistently argued that the allegations against him lack substantiation and that he has complied with immigration regulations by attending regular check-ins with ICE (Wikipedia). This compliance, along with his withholding of removal status, complicates the narrative of him being a straightforward illegal immigrant, as he had legal protections in place at the time of his deportation.

Conclusion

Verdict: True

Kilmar Abrego Garcia is indeed an illegal immigrant, as he entered the United States without legal authorization in 2012. While the allegations regarding his gang membership are contested and lack definitive proof, his immigration status as an illegal entrant is clear and supported by his own admissions and legal documentation. The complexities surrounding his deportation and subsequent legal battles do not negate the fact that he initially entered the U.S. illegally.

Fact Check: Is Kilmar Abrego Garcia an illegal immigrant?