Why We’re Fact-Checking This Story
The recent Washington Post article sparked significant attention for its portrayal of Kilmar Abrego García, a deported Salvadoran migrant who, despite a ruling that his life would be in danger if returned, remains incarcerated abroad. Central to controversy is the Trump administration’s unsubstantiated claim that Abrego belongs to the MS-13 gang—a claim that shaped his deportation and continues to justify his detention without criminal charges. A user asked us directly: What evidence has the Salvadoran government provided to support this MS-13 accusation?
Historical Context
The Alien Enemies Act of 1798 has rarely been used in recent decades but was invoked by the Trump administration during its second term as justification for deporting certain non-citizens from countries labeled as hostile. Recently, this mechanism was used to deport hundreds of Venezuelans and Salvadorans, prompting legal battles over due process violations. In the case of Kilmar Abrego García, court records show he had previously received protection from deportation due to dangers he faced in El Salvador. Yet, he was deported anyway—a move defense attorneys argue violated multiple court orders.
Examining Key Claims
Claim #1: “The Salvadoran government believes Abrego García is a member of MS-13.”
This statement, attributed to the Trump administration and echoed in court by DOJ lawyer Jonathan David Guynn, lacks corroboration from the Salvadoran government. There has been no official documentation released to substantiate this claim. The only reference to gang affiliation stems from a 2019 “gang sheet” prepared by a now-discredited Maryland detective, not from any Salvadoran intelligence or investigatory body. Salvadoran authorities have not filed criminal charges against Abrego García, and he was moved from El Salvador’s CECOT prison—reserved for gang members—to a low-security facility that does not house violent offenders. Therefore, there is no verifiable evidence from El Salvador supporting the MS-13 claim.
Claim #2: “Abrego García was denied a legal opportunity to dispute his alleged gang affiliation before deportation.”
This is accurate. Court documents confirm that Abrego García was not granted a hearing to contest the MS-13 allegation before being forced onto a deportation flight on March 15. In 2019, an immigration judge granted him withholding of removal—meaning the U.S. government was legally prohibited from deporting him to El Salvador. Despite that protection, he was deported without judicial review, violating both procedural due process and prior court rulings. Multiple federal judges, including U.S. District Judge Paula Xinis, have criticized the administration’s failure to provide credible justification.
Claim #3: “The deportation was caused by an administrative error.”
True. The Department of Justice itself acknowledged that Abrego García was deported “in error.” The administrative mix-up occurred despite a standing court order that barred his removal. This admission has been documented in court filings and publicly stated by DOJ counsel. It confirms that the deportation bypassed required legal procedures and was not the result of a lawful judicial determination based on behavior or threat categorization. The “error” justification diverges sharply from the current public defense that his deportation was motivated by gang ties—further undermining the credibility of the MS-13 claim.
Claim #4: “Disclosing information about Abrego García’s return efforts could risk national security.”
This assertion is not supported by public evidence. The government has invoked the “state secrets” privilege during litigation to avoid disclosing internal records. However, contrary to typical national security concerns like military operations or classified intelligence, the matter revolves around immigration operations and diplomatic correspondence. Abrego García’s legal team has argued convincingly that the information being withheld does not meet ordinary state secrets thresholds. Since public discussions—including media interviews and congressional testimony—have already revealed details about his deportation and detention, secrecy claims appear more aligned with preventing scrutiny rather than protecting national interests.
Final Verdict
Our investigation finds that there is no documented evidence from the Salvadoran government to support the claim that Kilmar Abrego García is a member of MS-13. The only prior accusation originated from unreliable U.S. sources. Furthermore, Abrego García was deported illegally in violation of judicial protections granted in 2019, and federal judges have criticized the Trump administration’s lack of transparency and cooperation. The article correctly highlights judicial frustration and legal inconsistencies, but could benefit from explicitly noting that El Salvador has not presented any formal basis for prosecuting or incarcerating Abrego García.
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Visit the Original Article
Read the full piece at: https://www.washingtonpost.com/immigration/2025/05/16/kilmar-abrego-garcia-case-deportation-el-salvador/
