You’ve got to ask the right questions in order to arrive at the right conclusions.
1) Is Kilmar Albrego Garcia an illegal immigrant?
If the answer to that question is, “Yes,” then he is subject to deportation. He admitted to being here illegally as is documented on the Homeland Security report dated April 16, 2025.
2) Is he entitled to a hearing or can he be deported immediately?
Illegal immigrants are allowed a hearing, unless their conduct is criminal and / or they represent a threat to national security, which is just one of the “classes of deportable aliens” documented in 8 USC 1227. At that point, the Attorney General can deport them immediately.
3) Is he a member of MS-13, a Mexican gang that has been labeled a terrorist organization by the current administration?
MS-13 was declared a terrorist organization in February, 2025. Kilmar Armando Abrego Garcia was validated as a member of MS-13 in October of 2019, according to a Department of Homeland Security Report.
In addition, when Garcia was arrested, he was apprehended alongside two other MS-13 gang members. Two other judges have confirmed him being affiliated with MS-13, Intelligence reports that he was involved in human trafficking and, at one point, his wife petitioned that a restraining order be filed against him.
All of this qualifies Garcia as a criminal and is subject to be deported immediately. The only “due process” that he qualifies for is immediate deportation according to the authority vested in the Attorney General.
4) Is this a Constitutional Crisis?
President Trump’s Executive Order isn’t a “Constitutional Crisis,” as much as it’s a restoration of the legal guardrails designed to promote national security and define the rights and responsibilities of both citizens and non-citizens.
These laws have been in place for decades. United States Code 1325 identifies the penalties for attempting to enter the United States illegally and was established in 1925. The authority of the Attorney General to immediately remove illegal immigrants was defined in 1952.
5) Is President Trump Ignoring the Supreme Court?
A) Things Have Changed Since 2019
The Supreme Court decision stated that Garcia was wrongfully deported because of a 2019 court order that prevented him from being sent back to El Salvador.
This is a part of that ruling…
The United States Government arrested Kilmar Armando Abrego Garcia in Maryland and flew him to a “terrorism confinement center” in El Salvador, where he has been detained for 26 days and counting.
To this day, the Government has cited no basis in law for Abrego Garcia’s warrantless arrest, his removal to El Salvador, or his confinement in a Salvadoran prison. Nor could it. The Government remains bound by an Immigration Judge’s 2019 order expressly prohibiting Abrego Garcia’s removal to El Salvador because he faced a “clear probability of future persecution” there and “demonstrated that [El Salvador’s] authorities were and would be unable or unwilling to protect him.” The Government has not challenged the validity of that order.
KRISTI NOEM, SECRETARY, DEPARTMENT OF HOMELAND SECURITY, ET AL. v. KILMAR ARMANDO ABREGO GARCIA, ET AL. [Apr 10, 2025])Two things stand out immediately.
I) Garcia Isn’t Just an Illegal Immigrant, He’s an International Terrorist
First, the government has evidence that Garcia is a part of MS-13 and to say that his arrest is “warrantless” and there is no basis in law for Garcia being deported represents an insane disregard for the obvious.
The press continually uses the word “alleged,” as though the evidence that identifies Garcia as a member of MS-13 is somehow speculative. His tattoos are readily recognized by those who are familiar with Mexican gang culture as indicators of his being a member of MS-13. It’s not the kind of thing that you dismiss by saying, “…they are interpreted that way” or the photo showing Garcia’s hand was Photoshopped.
Beyond that, however, you have the report detailing Garcia being arrested in March of 2019:
On 03/28/2019 at approximately 1427 hours, Detective ______ with the Hyattsville City Police observed four individuals loitering in the parking lot of the Home Depot located at 3301 East West Highway in Hyattsville, MD 20782. As Det. ______ approached the individuals, two of the individuals reached into their waistbands and discarded several unknown items under a parked vehicle. All four individuals were stopped by Hyattsville officers. Det. _____ immediately recognized Chrishyan HERNANDEZ-ROMERO aka “Bimbo” as a member of the MS-13 Sailors Clique. Two small plastic bottles containing marijuana was located on scene. All four individuals were transported back to District I for interviews.
Member of the Prince George’s County Gang Unit MS-13 Intelligence Squad have encountered Chrishyan HERNANDEZ-ROMERO on multiple occasions. He has an extensive criminal history for multiple assault, concealing dangerous weapons, burglary , and many other criminal offenses. He has also been found guilty of gang participation in the Circuit Court for Prince George’s County in December of 2018. Offices know HERNANDEZ-ROMERO to be an active MS-13 gang member with the Sailor’s Clique with the rank of “Observacion” and moniker of “Bimbo.”
Officers also interviewed Jose Guillerno DOMINGUEZ. During the interview officers observed tattoos of skulls covering their eyes, ears, and mouth. Officers know these kind of tattoos are indicative of the Hispanic gang culture. The tattoos are meant to represent “ver, oir y callar” or “see no evil, hear no evil, and say no evil.” He also had a tattoo of a devil on his left leg which officers know only higher ranking MS-13 gang members are allowed to get a tattoo with the horns. This represents power with MS-13. Officers made contact with a past proven and reliable source of information, who advised Jose Guillerno DOMINGUEZ is an active MS-13 gang member with the Sailor’s Clique the rank of “Chequeo” with the moniker “Manico.”
Officers then interviewed Kilmar Armando ABREGO-GARCIA. During the interview, officers observed he was wearing a Chicago Bulls had and a hoodie with rolls of money covering the eyes, ears, and mouth of the presidents on the separate denominations. Officers know such clothing to be indicative of Hispanic gang culture. The meaning of the clothing is to represent “ver, oir y callar” or “see no evil, hear no evil, and say no evil.” Wearing the Chicago Bulls hat represents that they are a member in good standing with the MS-13. Officers contacted a past proven and reliable source of information, who advised Kilmar Armando ABREGO-GARCIA is an active member of MS-13 with the Western clique. The confidential source further advised that he is the rank of “Chequeo” with the moniker of “Chele.”
Officers interviewed Jason Josue RAMIREZ-HERRA. During the interview officers were unable to determine his gang afflilation. Officers know MS-13 gang members are only allowed to hang around other members or prospects for the gang. Officers will continue to monitor Jason Josue RAMIREZ-HERRA for further gang activity. He was sent on his way without further incident.
This report doesn’t mention Garcia’s tattoos. It goes beyond any tats and instead references an informant who identifies Garcia, not just as a member of MS-13, but someone who has an official rank within its membership.
Secondly, the 2019 court order doesn’t say that Garcia shouldn’t be deported. He was to be removed from the US based on his being a member of MS-13 and a flight risk. Rather, it simply says that he shouldn’t be deported to El Salvador.
DECLARATION OF ROBERT L. CERNA
On October 10, 2019, an IJ ordered Abrego-Garcia’s removal from the United States but granted withholding of removal to El Salvador pursuant to 8 U.S.C. § 1231(b)(3)(A). This grant of protection prohibited his removal to El Salvador.
8.During the course of his proceedings, Abrego-Garcia remained in ICE custody because the Immigration Judge (IJ) with the Executive Office for Immigration Review denied Abrego-Garcia bond at a hearing on April 24, 2019, citing danger to the community because “the evidence show[ed] that he is a verified member of [Mara Salvatrucha] (‘MS-13’)]” and therefore posed a danger to the community. The IJ also determined that he was a flight risk. Abrego-Garcia appealed, and the Board of Immigration Appeals upheld this bond decision in an opinion issued on December 19, 2019, citing the danger Abrego-Garcia posed to the community.
9.On October 10, 2019, an IJ ordered Abrego-Garcia’s removal from the United States but granted withholding of removal to El Salvador pursuant to 8 U.S.C. § 1231(b)(3)(A). This grant of protection prohibited his removal to El Salvador. (United States District Court for the District of Maryland)
The news has repeatedly referred to as an “administrative error” on the part of the Trump administration. The “error” comes from the sworn testimony of Robert Cerna, the ICE Field Officer responsible for Garcia’s deportation.
Cerna overlooking the restraint that would’ve prevented Garcia’s deportation to El Salvador in 2019 doesn’t apply in the same way in 2025. Since then, Garcia has been defined as an MS-13 gang member, not just according to his tattoos and his ballcap, but also by two judges. This supersedes the court order issued in 2019, as is explained by Tom Holman:
“I don’t accept the term ‘error’ in Abrego Garcia,” Homan said. “There was an oversight, there was a withholding order. But the facts surrounding the withholding order had changed. He is now a terrorist, and the gang he was fearing, from being removed from El Salvador, no longer exists.”1
Conclusion
Enforcing immigration law was neither the goal nor the priority of the Biden administration. However illegal immigration translates to a host of problems ranging from economic instability to national security risks, the Democrat party sees them as as voters that can conceivably change the political demographics of the country and help sustain the strength of the Liberal element within the US. Hence, the verbiage used by some in Congress to describe illegal immigrants as “asylum seekers” and others in the media referring to them as “undocumented immigrants.” By positioning illegals as victims and the Democrat party as those who are “trying to help,” the security, sanctity, and the solvency of the country are compromised in the name of a false compassion that is nothing more than a dirty quest for power.
Here’s the bottom line:
- Kilmar Abrego Garcia isn’t just an illegal immigrant, he’s an international terrorist.
- Because he’s an international terrorist, the only due process that he’s entitled to is an expedited deportation
- The Supreme Court is basing its position on an Immigration Law that says the Attorney General can’t deport an alien to their original country if by doing so it would put that alien’s life or freedom in jeopardy because of their race, religion, nationality, membership in a particular social group, or a political opinion (USC 1231 (b) (3)(a)).
But since then, Garcia has been identified as a member of a terrorist organization and no longer qualifies for that provision and he is therefore deportable (see USC 1227 Deportable aliens (a)(4)(B)).
- Those who say the evidence that identify him as a member of MS-13 is “thin” or “unsubstantiated,” are overlooking a substantial amount of circumstantial evidence as well as having been positively identified by a reliable informant.
To quote DHS Assistant Secretary Tricia Mclaughlin…
“I think this illegal alien is exactly where he belongs—home in El Salvador. He was in our country illegally, he is from El Salvador, was born in El Salvador, and, oh, the media forgot to mention: He is a MS-13 gang member. The media would love for you to believe that this is a media darling, that he is just a Maryland father. Osama Bin Laden was also a father, and yet, he was not a good guy, and they actually are both terrorists. He should be in this El Salvador prison, a prison for terrorists, and I hope he will remain there.”
1.”Trump “border czar” Tom Homan says Kilmar Abrego Garcia’s deportation to El Salvador wasn’t a mistake”, CBS News, By Adam Thompson, Updated on: April 29, 2025, https://www.cbsnews.com/baltimore/news/border-czar-tom-homan-abrego-garcia-maryland-el-salvador-trump/, accessed May 17, 2025
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