Kilmar Abrego Garcia, a Salvadoran man who was wrongfully deported from the United States, has pleaded not guilty to human smuggling charges in a federal court in Nashville, Tennessee.
Friday marked the first opportunity for Abrego Garcia, a Maryland construction worker, to confront the criminal charges the administration of President Donald Trump has levelled against him.
The Trump administration has sought to portray Abrego Garcia as a member of the MS-13 criminal gang following his deportation to El Salvador on March 15.
Abrego Garcia had been protected from deportation under a 2019 protection order, given his fear of gang violence if he returned to El Salvador. His removal to that country sparked public outrage and questions about the legality of Trump’s “mass deportation” campaign.
In the months since, the Trump administration has faced increasing pressure to return Abrego Garcia to the US, with the Supreme Court in April affirming that the government needed to “facilitate” his release.
A lower court, led by US District Judge Paula Xinis, had signalled that it was considering whether to hold the Trump administration in contempt of court for not complying with orders to secure his return.
That abruptly changed, however, on June 6, when Attorney General Pam Bondi announced Abrego Garcia was on his way back to the US to face charges that he helped smuggle undocumented migrants in the US.
In a 10-page indictment, the Trump administration accused Abrego Garcia of leading “more than 100 trips between Texas to Maryland and other states”, starting in 2016.
It cites as evidence a traffic stop in Tennessee around November 30, 2022, when Abrego Garcia was observed driving a Chevrolet Suburban with nine passengers, all of whom appeared to be undocumented men headed to Maryland.
The administration has released body camera footage of that incident, where a police officer can be heard speculating that Abrego Garcia is part of a smuggling ring. But the footage shows no confrontation, and Abrego Garcia was not charged with any offence following the traffic stop.
Prosecutors have noted that Abrego Garcia could face a maximum of 10 years in prison for each migrant he smuggled, if convicted.
Critics, however, question whether the recently unveiled criminal indictment was an attempt by the Trump administration to save face and dodge contempt charges, given the scrutiny over whether it was defying court orders.
Abrego Garcia’s defence team, meanwhile, has called the charges against him “preposterous”.
“There’s no way a jury is going to see the evidence and agree that this sheet-metal worker is the leader of an international MS-13 smuggling conspiracy,” one of his lawyers, Simon Sandoval-Moshenberg, told The Associated Press.
His case has nevertheless gained a national profile, with the Trump administration facing multiple legal challenges over whether it violated migrants’ right to due process: the right to a fair legal hearing.
Even administration officials have acknowledged that his swift deportation had been the result of an “administrative error”.
In Friday’s court hearing, US Magistrate Judge Barbara Holmes spoke directly to Abrego Garcia, assuring him that he would receive a fair trial.
“You are presumed innocent, and it is the government’s burden to prove at trial that you are guilty beyond a reasonable doubt,” Holmes said, reiterating fundamental principles of the US justice system.
The Trump administration has sought to keep Abrego Garcia detained while the trial unfolds, using additional allegations that are not included in the indictment as justification. Prosecutors have accused Abrego Garcia, among other things, of child pornography, abusing women and taking part in a murder in El Salvador. They also argue he is a flight risk.
But Judge Holmes warned on Friday that the court cannot keep someone in detention simply on the basis of allegations.
The human smuggling charges against Abrego Garcia have already caused discord within the Justice Department, with one prosecutor appearing to step down in protest.
That prosecutor, Ben Schrader, was the chief of the criminal division at the US Attorney’s Office for the Middle District of Tennessee.
He posted on social media on the day of the indictment that he was leaving. “It has been an incredible privilege to serve as a prosecutor with the Department of Justice, where the only job description I’ve ever known is to do the right thing, in the right way, for the right reasons,” he wrote.
Outside the court on Friday, Abrego Garcia’s wife, Jennifer Vasquez Sura, called on supporters to keep fighting for his freedom: “Kilmar wants you to have faith.”
She saw her husband for the first time in three months on Thursday.
