Trump Distorts Truths on Kilmar Armando Abrego Garcia, MS-13 Gang, and Deportations

Following President Donald Trump’s administration acknowledging in court that they had erroneously deported Kilmar Armando Abrego Garcia to El Salvador, Trump characterized the 29-year-old deportee as a menace.

Democrats and the press depict Abrego Garcia as "innocent," but this is a "complete, outright, and perilous lie," according to Trump’s statement in early April. Truth Social post .

"Two different courts have determined that Garcia is a member of the violent, murderous gang MS-13, he was in our country unlawfully, and there is an order for his deportation," Trump stated.

Abrego Garcia illegally crossed into the U.S. border approximately 2011 or 2012 According to legal papers, his attorneys mentioned that he went to Maryland, where his brother, who is a U.S. citizen, resides.

However, Trump’s comment regarding Abreo Garcia’s judicial background and deportation ruling omits essential details that present a contrasting narrative. In 2019, an initial judgment determined that the government’s proof of Abrego Garcia’s gang affiliation was “reliable” and this decision stood after being appealed. Nonetheless, subsequently, two federal judges concluded that the administration’s claims lacked substantiation.

Trump also omitted the key point that Abrego Garcia’s family, legal team and advocates say is at issue: He was deported without due process. Typically, people appear before an immigration judge before they are ordered deported.

Abrego Garcia has asserted in legal proceedings that he does not belong to a gang. His lawyer, Simon Y. Sandoval-Moshenberg, informed PolitiFact that her client has never faced conviction for any offense, whether gang-associated or not. Additionally, our search did not uncover any judicial records indicating such convictions against him.

U.S. Immigration and Customs Enforcement lawyers in a March court filing called Abrego Garcia’s March deportation to El Salvador an "oversight" and "an administrative error." A court ordered in 2019 that Abrego Garcia should not be deported to that country.On April 10, the U.S. Supreme Court ruled, in an unsigned order, that the U.S. government had to "facilitate" his release from custody in El Salvador.

Allegations of gang membership based on clothing, anonymous source

Abrego Garcia was looking for day labor outside a Home Depot in Maryland in 2019 when Prince George’s County police took him and three others into custody. Officers asked Abrego Garcia if he was a gang member, and he said no, according to a March 2025 court filing by Sandoval-Moshenberg.

ICE took Abrego Garcia into its custody. A police informant told law enforcement that Abrego Garcia was an MS-13 gang member, according to a police report known as a " gang field interview sheet ."

The document stated that officers noticed Abrego Garcia was wearing a Chicago Bulls A hat adorned with a hoodie featuring graphics where rolls of cash obscure the eyes, ears, and mouth of the presidents depicted on various banknotes.

"Officers know such clothing to be indicative of the Hispanic gang culture," an officer wrote in the report, adding that the symbols on the clothing represent the phrase "ver, oir y callar" or "see no evil, hear no evil and say no evil."

Donning the Chicago Bulls cap indicates “they have valid membership within MS-13,” according to an officer’s statement. The document further referenced a so-called “credible” and anonymous informant claiming that Abrego Garcia belonged to the gang’s “West Side clique.”

Steven Dudley, a journalist with expertise in MS-13, informed PolitiFact that the gang occasionally employed the Bulls logo as an alternative to the two-fingered sign resembling devil’s horns, which serves as a gang signal. He stated, “Nonetheless, the Bulls continue to be among the globe’s most beloved sports teams; thus, wearing their gear doesn’t inherently signify membership in any gang. If something sparks concern, further verification through additional evidence should always be pursued. The appearance alone does not provide conclusive proof.”

When we requested proof from the White House and federal immigration authorities regarding Abrego Garcia’s affiliation with MS-13, the Department of Homeland Security’s media relations division replied, referring to clothing details as well as two court decisions made by judges in 2019 pertaining to the case.

Two judges did not dismiss the allegation of police gang involvement, however, two appellate courts concluded that there was insufficient evidence to support the claim.

When Abrego Garcia was under ICE custody, Immigration Judge Elizabeth Kessinger presided over his case. rejected his first bond request in 2019 The request characterizes the officers' conclusion that he was part of MS-13 as both "reliable" and "backed up by additional evidence within the file." Kessler likewise expressed skepticism about law enforcement's dependence on "attire to suggest gang association,” even though this was corroborated by the informant who confirmed his involvement with the gang.

When Abrego Garcia challenged Kessler’s decision, the appellate panel took up the case. upheld The ruling stated that the judge "properly took into account the claims regarding gang membership."

The appellate judge stated that Abrego Garcia mentioned he had provided enough proof to counter the claim of his affiliation with MS-13. This was supported by testimonials indicating good character as well as legal documents demonstrating that he has only faced charges related to traffic violations.

Immigration bond hearings necessitate fewer evidentiary requirements compared to criminal convictions. Additionally, these proceedings do not amount to conviction , since they are not trials.

David Leopold, an immigration lawyer and ex-president of the American Immigration Lawyers Association, mentioned that during bond hearings, "statements from law enforcement hold significant sway, and usually, there isn’t a chance to question the officer making these remarks. It makes sense why the judge ruled against him at first."

Abrego Garcia’s lawyer contested the prosecution's evidence. Sandoval-Moshenberg countered with an argument. court filing The Justice Department along with the Suffolk County district attorney’s office claim that the "westerns clique," which the confidential informant stated Abrego Garcia was part of, functions in Brentwood, a village within Long Island, New York. However, Abrego Garcia has never resided in New York.

Sandoval-Moshenberg similarly doubted the reliability of the officer responsible for completing the gang-related field interview form. When he reached out to law enforcement to talk with the investigating officer, he discovered that the detective was on suspension. Although the officer’s identity is blacked out In legal papers, the New Republic reported it was Officer Ivan Mendez, according to information provided by one of Abrego Garcia’s attorneys. Mendez was suspended A few days following Abrego Garcia’s arrest in 2019 for allegedly sharing sensitive details with a prostitute, Mendez admitted guilt in 2022 to official misconduct and was granted probation. New Republic A representative from the Office of the State’s Attorney for Prince George’s County provided PolitiFact with a copy of the document. indictment And stated that the plea deal mandated Mendez to depart from the police force.

The choice made by immigration judges to reject bail does not equate to declaring that Abrego Garcia was part of a gang, according to David Bier, who serves as the associate director of immigration studies at the libertarian Cato Institute. previously told PolitiFact.

During immigration bond proceedings, detainees must demonstrate that they do not pose a flight risk or threaten public safety. According to Bier, Abrego Garcia did not satisfy this requirement to prove he wasn’t dangerous. This does not equate to the government conclusively showing that he was indeed a member of MS-13.

Bier mentioned that the immigration judge is accepting the evidence provided by the government at face value without evaluating its fundamental credibility during this phase.

Two subsequent judges stated that the government failed to demonstrate Abrego Garcia’s affiliation with the gang. U.S. District Court Judge Paula Xinis also made this observation. wrote On April 6, the government depended on a single unverified claim. Xinis in early April. ordered The U.S. government helped Facilitate Abrego Garcia’s Return from El Salvador.

A judge from the 4th Circuit Court of Appeals, named Stephanie Thacker, wrote On April 7, the government's claim that Abrego Garcia was affiliated with a gang was deemed "unsubstantiated."

Thacker stated that "the government's 'evidence' linking Abrego Garcia to MS-13 was virtually non-existent at best."

Trump fails to mention that the courts shielded Abrego Garcia from being deported to El Salvador.

Trump’s Truth Social post said Abrego Garcia "is under a Deportation Order," but that doesn’t tell the whole story.

In October 2019, during President Trump’s initial term, Judge David M. Jones, who was a federal immigration judge, granted Abrego Garcia received a "withholding of removal," which is a legal measure preventing deportation to El Salvador. This decision was made by Judge Jones due to an incident where a gang targeted Abreo Garcia for recruitment and attempted extortion against his mother when he was a minor in El Salvador, resulting in death threats. However, Jones rejected Abrego Garcia’s 2019 asylum application owing to the significant delay between his arrival in the U.S. and filing for asylum; immigrants must typically submit their applications within one year of entering the country.

Individuals who benefit from the protections offered under the Abrego Garcia program are permitted to lawfully work within the U.S., though they remain at risk of deportation. The directive issued by Jones prevented Abrego Garcia from being sent back to El Salvador; however, this would not prevent the U.S. from expelling him to another nation.

According to Bier, the initial Trump administration’s decision not to challenge the withholding of removal indicated that “it did not view him as a threat at that time, and no new evidence has emerged since.”

Louis Jacobson, PolitiFact's Chief Correspondent, along with researcher Caryn Baird, provided contributions to this piece.

PolitiFact's ruling

Our sources

• President Donald Trump, Truth Social post , April 20, 2025
• Washington Post, How an obsolete gang database aided in delivering Kilmar Abrego García to a Salvadoran prison. April 19, 2025
• The Washington Post's Fact Checker The Abrego García case: A timeline and assessment of key documents , April 18, 2025
• The New Republic, Trump’s Argument in Error-Deported-Man Case Suffers Further Setback , April 15, 2025
• The Washington Post's Fact Checker The Abrego García Case: A Chronology and Evaluation of Principal Documents , April 18, 2025
• BBC Verify, What information exists regarding Kilmar Abrego Garcia and the accusations related to MS-13 , April 2025
• Docket index: Abrego Garcia v. Noem (8:25-cv-00951) , accessed April 2, 2025
• Kilmar Armando Abrego Garcia request for bail ruling , May 22, 2019
• Kilmar Armando Abrego Garcia request for bail appeal , Dec. 19, 2019
• The deportation process for Kilmar Armando Abrego Garcia is underway. ruling , Oct. 10, 2019
• Simon Y. Sandoval-Moshenberg, Esq., Complaint, March 24, 2025
• Statement from Robert L. Cerna March 31, 2025
• Response from the U.S. government regarding a petition for a temporary restraining order, March 31, 2025
• Justice Department, Prince George's County Police Department Gang Investigation Contact Form , March 28, 2019
• U.S. District Court, Memorandum Opinion , April 6, 2025
• The Fourth Circuit Court of Appeals Order , April 7, 2025
• Just Security, Litigation tracker , Retrieved on April 22, 2025
• Prince George’s County, Indictment of Ivan Mendez , December 2018
• Nick DePaula, Tweet , Oct. 19, 2022
• Email interview with Denise Douglas, representative from the Prince George’s County state attorney’s office, conducted on April 21, 2025.
• Department of Homeland Security, Declaration to PolitiFact, April 21, 2025
• Email interview with David W. Leopold, an immigration attorney from the law firm UB Greensfelder LLP, conducted on April 21, 2025.
• Email interview with Steven Dudley, co-founder and co-director of InsightCrime, conducted on April 22, 2025.

This article was initially published on the Austin American-Statesman. Trump skewed the facts about Kilmar Armando Abrego Garcia, MS-13 gang and deportation