Trump Team’s New Docs on Abrego Garcia Show How Little They Have

The Department of Justice re-released the same old evidence to support its straw-man argument for deporting Kilmar Abrego Garcia, a Maryland man who was removed to El Salvador last month despite having received a protective order against his removal there. 

Attorney General Pam Bondi announced Wednesday night that the DOJ was releasing an “additional” batch of documents about Abrego Garcia, who the government has alleged was an active member of MS-13. But pretty much all the information contained within the documents was already public knowledge—and not damning in the slightest.  

The documents included a gang field interview work sheet, which described Abrego Garcia’s 2019 arrest for loitering outside of a Home Depot in Hyattsville, Maryland. Officers said they had determined Abrego Garcia’s gang affiliation based on what he was wearing, including a hoodie officers said indicated “Hispanic gang culture” and a Chicago Bulls hat, which they said indicated that he was a “member in good standing” with MS-13. The worksheet alleged Abrego Garcia was a member of the “Western” clique, which is based in New York—a place he never even lived.

The worksheet also referred to a “past proven and reliable” source who had identified Abrego Garcia as a member of MS-13. However, The New Republic has confirmed that Ivan Mendez, the Maryland police officer who formally attested to Abrego Garcia’s supposed gang affiliation, was subsequently suspended for giving confidential information about a case to a sex worker. He then was indicted, pleaded guilty, and received probation. 

Earlier this month, Judge Stephanie Thacker of the U.S. Appeals Court for the Fourth Circuit had already dismissed using the gang affiliation worksheet as evidence. “An unsupported—and then abandoned—assertion that Abrego Garcia was a member of a gang does not tip the scales in favor of removal in violation of the Administration’s own withholding order,” she wrote in an order.

“If the Government wanted to prove to the district court that Abrego Garcia was a ‘prominent’ member of MS-13, it has had ample opportunity to do so but has not—nor has it even bothered to try,” she wrote. 

Another document provided by the U.S. Department of Homeland Security, a “Record of Deportable/Inadmissible Alien,” falsely claimed that Abrego Garcia had been arrested “in connection to a murder investigation.” But Abrego Garcia’s gang worksheet clearly stated he had been arrested for loitering. 

The documents do not support White House press Secretary Karoline Leavitt’s wild assertion that Abrego Garcia was “engaged in human trafficking.” The documents also disprove Vice President JD Vance’s claim that Abrego Garcia was a “convicted” member of MS-13, as they plainly stated he had no criminal record. They do not, as Tricia McLaughlin, assistant secretary for the Department of Homeland Security, claimed in a post on X, say he was found with drugs and “rolls of cash.” In fact, he was simply wearing a hoodie with a pattern of rolls of cash.

Despite having only thin evidence of Abrego Garcia’s gang affiliation, Bondi appeared on Fox News Wednesday night, where she called him a “terrorist” and alleged that he was “one of the top MS-13 members.” She demanded that journalists apologize to Donald Trump for referring to Abrego Garcia as a “Maryland man.”

The Trump administration is desperate to make the debate over Abrego Garcia’s return about his alleged gang affiliation—but that’s not the central issue of his deportation. Rather, Abrego Garcia was mistakenly deported, after receiving a protective order from a U.S. judge, and denied due process in his removal to El Salvador. He was not afforded the opportunity to challenge his designation as a “foreign terrorist” or the location of his deportation. Then the Trump administration refused a direct order from a federal judge, which was then upheld by the Supreme Court, to “facilitate” his return, escalating one man’s removal to a full-on constitutional crisis. 

If the U.S. government can deny Abrego Garcia’s right to due process, they can deny it for anyone—and they are already making plans to broaden the scope of their removals to foreign prisons. U.S. citizens, “homegrowns” as the president has called them, will be next.