Rubio has been in touch with El Salvador’s Bukele about Abrego Garcia: Sources
Astrid Riecken For The Washington Post via Getty Images
(WASHINGTON) — Secretary of State Marco Rubio has been in touch with El Salvador President Nayib Bukele about Kilmar Abrego Garcia, the man wrongfully deported last month to El Salvador’s CECOT mega-prison, multiple sources familiar with their contact told ABC News.
The details of their contact were not immediately clear.
ABC News’ Karen Travers asked Secretary of State Rubio about Abrego Garcia at Wednesday’s Cabinet meeting in Washington, and he would not say whether there had been any form of contact.
“I’ll never tell you that,” Rubio said. “And you know who else? I’ll never tell a judge, because the conduct of our foreign policy belongs to the president of the United States and the executive branch, not some judge.”
A spokesperson for the State Department said, “We do not comment on reports of private diplomatic negotiations, regardless if they are real or not.”
The New York Times first reported the contact between the U.S. and El Salvador relating to Abrego Garcia.
Abrego Garcia, a Salvadoran native who has been living with his wife and children in Maryland, was deported in March to El Salvador — despite a 2019 court order barring his deportation to that country due to fear of persecution — after the Trump administration claimed he was a member of the criminal gang MS-13.
The federal judge overseeing the case on Wednesday denied a motion from the Trump administration to further delay discovery in the case.
The order came a week after the judge, U.S. District Judge Paula Xinis, paused expedited discovery for seven days after the Trump administration asked her for the stay.
An attorney for Abrego Garcia, Simon Sandoval-Moshenberg, told ABC News they agreed to the seven-day pause “in good faith.”
“Today is the seventh day of the original seven-day period,” Sandoval-Moshenberg said Wednesday. “Kilmar Abrego Garcia is not back in the United States, and it seems to me that the government has not been using that week wisely.”
The attorney said his team is going to figure out “which humans from the U.S. government” are blocking the return of Abrego Garcia.
Judge Xinis earlier this month slammed the administration over its inaction over Abrego Garcia’s wrongful deportation and ordered government officials to testify under oath through expedited discovery.
Following her order Wednesday, Judge Xinis set new deadlines for the government to respond to requests.
By May 5, the government must answer and respond to all outstanding discovery requests and supplement their invocations of privilege consistent with the court’s previous orders, Xinis ruled.
The depositions of four government witnesses who plaintiffs say have knowledge of the circumstances in the case must be completed by May 9, she ordered.
Abrego Garcia’s lawyers may seek the court’s permission to conduct up to two additional depositions, Judge Xinis said.
The plaintiffs have a deadline of May 12 to renew their motions for relief, which previously asked the court to order the government to comply with the order to facilitate Abrego Garcia’s return to the U.S., and to order the government to show cause why it should not be held in contempt for failing to comply with the court’s prior orders.
The government will have until May 14 to respond to that motion, Xinis said.
The Trump administration, while acknowledging that Abrego Garcia was deported to El Salvador in error, has said that his alleged MS-13 affiliation makes him ineligible to return to the United States. His wife and attorney have denied that he is an MS-13 member.
In 2019, an immigration judge determined that Abrego Garcia was removable from the U.S. based on allegations of his gang affiliation made by local police in Maryland. But Abrego Garcia was subsequently granted withholding of removal to his home country.
Judge Xinis early this month ruled that the Trump administration must “facilitate” Abrego Garcia’s return, and the U.S. Supreme Court unanimously affirmed that ruling, “with due regard for the deference owed to the Executive Branch in the conduct of foreign affairs.”
Terrorism Confinement Center (CECOT) in Tecoluca, in San Vicente, El Salvador/ Alex Pena/Anadolu via Getty Images
(NEW YORK) — Less than 48 hours after the Supreme Court rejected a lawsuit challenging President Donald Trump’s use of the Alien Enemies Act to deport noncitizens with little-to-no due process, a federal judge in New York judge on Wednesday will consider blocking any future removals as the Trump administration allegedly prepares to commence more deportations.
U.S. District Judge Alvin Hellerstein set a hearing Wednesday to consider issuing an emergency order to block the removals of two Venezuelan men targeted for deportation, as well as potentially bar any deportations of detained noncitizens under the Alien Enemies Act.
The Trump administration last month invoked the AEA to deport more than 200 alleged migrant gang members to El Salvador by arguing that the Venezuelan gang Tren de Aragua is a “hybrid criminal state” that is invading the United States.
In a brief filed Tuesday in New York, ACLU lawyers representing two migrants wrote that government officials “seek to move Petitioners in secret, without due process, to a prison in El Salvador known for dire conditions, torture, and other forms of physical abuse — possibly for life.”
“This has already borne out for over 130 individuals on March 15 who have lost all contact with their attorneys, family, and the world,” the attorneys wrote.
While the Supreme Court on Monday suggested that future litigation would play out in a Texas federal courtroom, the lawyers for the men brought a habeas case in New York because both are currently in custody in Orange County, New York, after their deportations were blocked last month by a judge in Washington D.C.
According to lawyers with the ACLU, one of the men is a 21-year-old Venezuelan national who entered the United States in 2024 to seek asylum, fleeing threats from Tren de Aragua and potential persecution from the Maduro regime based on his sexual orientation.
The other plaintiff is a 32-year-old Venezuelan national who filed an asylum application after entering the United States in 2022, claiming he feared torture and imprisonment based on his protests of the Maduro regime.
Judge Hellerstein, a Clinton appointee, on Tuesday ordered that the two men should not be removed from New York “unless and until the Court orders otherwise,” and the ACLU is seeking to get a temporary restraining order that potentially covers any noncitizen in immigration custody who is at risk of deportation under the Alien Enemies Act.
They have argued that the law was improperly invoked by the Trump to target a criminal organization — not a state actor — and that it was invoked outside of a war or an invasion.
“The AEA has only ever been a power invoked in time of war, and plainly only applies to warlike actions: it cannot be used here against nationals of a country — Venezuela — with whom the United States is not at war, which is not invading the United States, and which has not launched a predatory incursion into the United States,” the lawyers argued.
(MOUNT KATAHDIN, MAINE) — A man has been found dead and his daughter remains missing while attempting to hike to the summit of Mount Katahdin in Maine, officials said Tuesday.
Tim Keiderling and Esther Keiderling, both of Ulster Park, New York, set out to hike the summit on Sunday, according to the Maine Department of Inland Fisheries & Wildlife.
They were last seen Sunday morning on the Katahdin Tablelands heading toward the summit, which is the northern terminus of the Appalachian Trail and located in Baxter State Park.
Baxter State Park rangers began searching for them Monday morning after their vehicle was still found parked at the trailhead in the day-use parking lot, park officials said.
The search on Katahdin expanded Tuesday to include the help of more than 30 Maine game wardens, including the Maine Warden Service Search and Rescue team, and the Maine Warden Service K9 team. The Maine Forest Service and the Maine Army National Guard also responded as part of an aerial search.
The body of Tim Keiderling, 58, was found Tuesday afternoon, officials said. A Maine Warden Service K9 search team located him at approximately 2:24 p.m. on the Tablelands near the summit of Katahdin, the Maine Department of Inland Fisheries & Wildlife said.
The search for his 28-year-old daughter is ongoing.
“We know that many of our social media followers share in our deep sadness for the family and friends of Tim Keiderling, and appreciate your support,” as the search for his daughter continues, Baxter State Park said in a statement on Facebook.
Baxter State Park notes on its website that hiking Katahdin “is a very strenuous climb, no matter which trailhead you choose.” The average round-trip time for a Katahdin hike is eight to 12 hours, it said.
All Katahdin trailhead trails are currently closed until further notice, the park said.
(TENNESSEE) Mistakenly deported Salvadoran native Kilmar Abrego Garcia has been brought back to the United States where he will face criminal charges for allegedly transporting undocumented migrants within the U.S.
More than two months after the Trump administration admitted it mistakenly deported Abrego Garcia from Maryland to his native El Salvador, a federal grand jury has indicted him for allegedly transporting undocumented migrants within the United States.
A two-count indictment, which was filed under seal in federal court in Tennessee last month and unsealed Friday, alleges Abrego Garcia, 29, participated in a yearslong conspiracy to haul undocumented migrants from Texas to the interior of the country.
The alleged conspiracy spanned nearly a decade and involved the domestic transport of thousands of noncitizens from Mexico and Central America, including some children, in exchange for thousands of dollars, according to the indictment.
Abrego-Garcia is alleged to have participated in more than 100 such trips, according to the indictment. Among those allegedly transported were members of the Salvadoran gang MS-13, sources familiar with the investigation said.
Abrego-Garcia is the only member of the alleged conspiracy charged in the indictment.
His return to the U.S. comes after the Trump administration repeatedly said that they were unable to bring him back despite his mistaken deportation.
Attorney General Pam Bondi, at a Friday afternoon press conference, thanked Salvadoran President Nayib Bukele for “agreeing to return Abrego Garcia to the United States.”
“Our government presented El Salvador with an arrest warrant and they agreed to return him to our country,” Bondi said.
Bondi said that if Abrego Garcia is convicted of the charges, upon the completion of his sentence he will be deported back to his home country of El Salvador.
“The grand jury found that over the past nine years, Abrego Garcia has played a significant role in an alien smuggling ring,” Bondi said. “They found this was his full time job, not a contractor. He was a smuggler of humans and children and women. He made over 100 trips, the grand jury found, smuggling people throughout our country.”
The decision to pursue the indictment against Abrego Garcia led to the abrupt departure of Ben Schrader, a high-ranking federal prosecutor in Tennessee, sources briefed on Schrader’s decision told ABC News. Schrader’s resignation was prompted by concerns that the case was being pursued for political reasons, the sources said.
Schrader, who spent 15 years in the U.S. Attorney’s Office in Nashville and was most recently the chief of the criminal division, did not respond to messages from ABC News seeking comment.
In a statement to ABC News, Abrego Garcia’s attorney said that he’s going to keep fighting to ensure Abrego Garcia receives a fair trial.
“From the beginning, this case has made one thing painfully clear: The government had the power to bring him back at any time. Instead, they chose to play games with the court and with a man’s life,” said attorney Simon Sandoval-Moshenberg. “We’re not just fighting for Kilmar — we’re fighting to ensure due process rights are protected for everyone. Because tomorrow, this could be any one of us — if we let power go unchecked, if we ignore our Constitution.”
In a detention memo filed Friday afternoon in court in Tennessee, federal prosecutors moved to have Abrego Garcia held in pretrial custody “because he poses a danger to the community and a serious risk of flight, and no condition or combination of conditions would ensure the safety of the community or his appearance in court.”
Federal prosecutors, in a detention memo filed this afternoon in court in Tennessee, have moved for pre-trial detention of Abrego Garcia, writing that “…the United States will request that the defendant be held in pretrial custody because he poses a danger to the community and a serious risk of flight, and no condition or combination of conditions would ensure the safety of the community or his appearance in court.”
“If convicted at trial, the defendant faces a maximum punishment of 10 years’ imprisonment for ‘each alien’ he transported,” the memo said, “Accordingly, the sentencing exposure for the defendant — given the number of undocumented aliens involved — goes well beyond the remainder of the defendant’s life.”
Abrego Garcia, a Salvadoran native who had been living with his wife and children in Maryland, was deported in March to El Salvador’s CECOT mega-prison — despite a 2019 court order barring his deportation to that country due to fear of persecution — after the Trump administration claimed he was a member of the criminal gang MS-13. His wife and attorneys deny that he is an MS-13 member.
The Justice Department’s move to criminally prosecute Abrego Garcia represents the most aggressive step yet in the administration’s efforts to gather potentially incriminating information about Abrego Garcia’s background, following a federal judge’s order requiring the government to facilitate his return to the U.S. to be afforded due process in deportation proceedings.
The Trump administration has acknowledged in court filings that Abrego Garcia’s removal to El Salvador in March was in error, because it violated a U.S. immigration court order in 2019 that shielded Abrego Garcia from deportation to his native country, according to immigration court records. An immigration judge had determined that Abrego Garcia would likely face persecution there by local gangs that had allegedly terrorized him and his family.
The administration argued, however, that Abrego Garcia should not be returned to the U.S. because he is a member of the transnational Salvadoran gang MS-13, a claim his family and attorneys have denied. In recent weeks, Trump administration officials have been publicizing Abrego Garcia’s interactions with police over the years, despite a lack of corresponding criminal charges.
In March, Abrego Garcia’s family filed a lawsuit over his deportation. U.S. District Judge Paula Xinis in Maryland ultimately ordered the Trump administration to facilitate his return to the U.S. The U.S. Supreme Court affirmed that ruling on April 10.
Abrego Garcia was initially sent to El Salvador’s notorious CECOT prison but was believed to have later been transferred to a different facility in the country.
The criminal investigation that led to the charges was launched in April as federal authorities began scrutinizing the circumstances of a 2022 traffic stop of Abrego Garcia by the Tennessee Highway Patrol, according to the sources. Abrego Garcia was pulled over for speeding in a vehicle with eight passengers and told police they had been working construction in Missouri.
According to body camera footage of the 2022 traffic stop, the Tennessee troopers — after questioning Abrego Garcia — discussed among themselves their suspicions that Abrego Garcia might be transporting people for money because nine people were traveling without luggage, but Abrego Garcia was not ticketed or charged.
The officers ultimately allowed Abrego Garcia to drive on with just a warning about an expired driver’s license, according to a report about the stop released last month by the U.S. Department of Homeland Security.
Asked what circumstances have changed since Abrego Garcia was not taken in custody during that traffic stop in Tennessee, Bondi replied, “What has changed is Donald Trump is now president of the United States, and our borders are again secure, and thanks to the bright light that has been shined on Abrego Garcia — this investigation continued with actually amazing police work, and we were able to track this case and stop this international smuggling ring from continuing.”
Asked by ABC News’ Pierre Thomas asked whether this should be seen as resolving the separate civil case in Maryland in which a federal judge ordered the government to facilitate Abrego Garcia’s return, Deputy Attorney General Todd Blanche said, “There’s a big difference between what the state of play was before the indictment and after the indictment. And so the reason why he is back and was returned was because an arrest warrant which was presented to the government and in El Salvador. So there’s, there’s a big difference there as far as whether it makes the ongoing litigation in Maryland moot. I would think so, but we don’t know about this. He just landed today.”
As ABC News first reported last month, the Justice Department had been quietly investigating the Tenessee traffic stop. As part of the probe, federal agents in late April visited a federal prison in Talladega, Alabama to question Jose Ramon Hernandez-Reyes, a convicted felon who was the registered owner of the vehicle Abrego Garcia was driving when stopped on Interstate 40 east of Nashville, sources previously told ABC News. Hernandez-Reyes was not present at the traffic stop.
Hernandez-Reyes, 38, is currently serving a 30-month sentence for illegally re-entering the U.S. after a prior felony conviction for illegal transportation of aliens.
After being granted limited immunity, Hernandez-Reyes allegedly told investigators that he previously operated a “taxi service” based in Baltimore. He claimed to have met Abrego Garcia around 2015 and claimed to have hired him on multiple occasions to transport undocumented migrants from Texas to various locations in the United States, sources told ABC News.
When details of the Tennessee traffic stop were first publicized, Abrego Garcia’s wife said her husband sometimes transported groups of fellow construction workers between job sites.
“Unfortunately, Kilmar is currently imprisoned without contact with the outside world, which means he cannot respond to the claims,” Jennifer Vasquez Sura said in mid-April.
Sen. Chris Van Hollen of Maryland, who flew to El Salvador and met with Abrego Garcia shortly after his deportation, said Friday that the Trump administration had “relented” regarding his return.
“After months of ignoring our Constitution, it seems the Trump Admin has relented to our demands for compliance with court orders and due process for Kilmar Abrego Garcia,” Van Hollen posted on X. “This has never been about the man — it’s about his constitutional rights & the rights of all.”
Abrego Garcia entered the U.S. illegally as a teenager in 2012, according to court records. He had been living in Maryland for the past 13 years, and married Vasquez Sura, a U.S. citizen, in 2019. The couple has one child together.
ABC News’ Laura Romero contributed to this report.
