Beltsville Resident Deported To El Salvador

NOTE FROM THE WRITER

Although I work hard to keep the Beltsville News politically neutral, I felt compelled to write about this case. I recognize that not everyone in our community will agree with my perspective, and some may even accuse me of bias. I understand and respect those concerns. However, I hope you'll take the time to read the facts presented here with an open mind.

We live in an increasingly divided time, and our fears and biases can sometimes prevent us from seeing the full picture. My hope is that we can all look at this situation honestly and fairly.

—Rick

On March 15, 2025, Abrego Garcia, a Beltsville resident, was taken into custody by ICE. He was deported shortly thereafter to El Salvador and imprisoned in a facility known as the Terrorism Confinement Center.

Mr. Garcia originally came to the United States in 2011 at the age of 16, fleeing gang threats in El Salvador. His family, who ran a restaurant, had been targeted by gangs demanding they surrender one of their sons in exchange for safety. Fearing for his life, Mr. Garcia left his home country and entered the U.S. without documentation.

In 2019, an immigration judge granted him “withholding of removal” status—a rare legal protection for individuals who face likely persecution if returned to their home country.

According to the University of Miami’s School of Law:

“You must demonstrate that it is more likely than not that you will suffer future persecution if returned to your home country... If you are granted withholding, you will not qualify for a green card, but you will be allowed to remain and work lawfully in the United States for an indefinite period.”

This means that Mr. Garcia, while not granted permanent residency, was legally permitted to stay and work in the U.S. under existing immigration law.

Despite this, he was deported without a hearing. Some argue that non-citizens do not have the same constitutional protections as citizens. However, the U.S. Supreme Court ruled in Kwong Hai Chew v. Colding (1953) that:

“Once an alien lawfully enters and resides in this country, he becomes invested with the rights guaranteed by the Constitution to all people within our borders.”

In other words, Mr. Garcia was entitled to due process—the right to defend himself before being removed from the country.

Is Undocumented Presence a Crime?

There’s a common misconception that being undocumented is a criminal offense. According to the ACLU:

“The act of being present in the United States in violation of the immigration laws is not, standing alone, a crime... the term 'illegal alien' may suggest a criminal violation [but] is inaccurate or misleading.”

While Mr. Garcia did enter the country without documentation, that act alone does not constitute a criminal offense under federal law.

The Government’s Justification

On March 31, the federal government admitted Mr. Garcia’s deportation had been a “clerical error.” The government attorney involved was later dismissed. However, in the weeks that followed, federal officials claimed Mr. Garcia was affiliated with the MS-13 gang—a claim that has not been substantiated with credible evidence.

The accusation appears to be based on a report by a Hyattsville police officer who encountered Mr. Garcia outside a Home Depot, where he was looking for work. The report relied on secondhand accounts and vague associations. That officer was later suspended, and the report was criticized for relying on unverified and uncorroborated claims.

Further complicating matters, Mr. Garcia was allegedly linked to a gang in Long Island—a location he has never visited. The only cited indicators of gang affiliation were that he wore a Chicago Bulls hat and hoodie and was in the same area as other men later identified as gang members. Mere proximity to gang members, however, does not equate to membership.

Domestic Violence Allegation

In an attempt to bolster its claims, the government also cited a 2021 court filing in which Mr. Garcia’s wife sought a restraining order during a domestic dispute. She later dropped the order after the couple entered counseling and reconciled.

While any act of domestic violence must be taken seriously, this single, unresolved incident does not constitute a “history of violence.” No further reports or evidence of abuse have emerged, and the couple remains together.

Mr. Garcia’s Life in Beltsville

Before his deportation, Mr. Garcia was living quietly with his wife and child. He was a union member and a first-year sheet metal apprentice working toward a vocational license at the University of Maryland. He had a full-time job, paid taxes, and complied with all check-ins required by immigration authorities.

His only legal violation was entering the country without authorization—a fact he acknowledged and took steps to rectify.

Where Is He Now?

On April 16, Senator Chris Van Hollen traveled to El Salvador in an effort to meet with government officials about Mr. Garcia’s detention. Though he was unable to speak with the President, he met with the Vice President, who informed him that the U.S. government was paying $6 million to detain Mr. Garcia.

When the Senator asked to meet with Mr. Garcia, he was denied. As of this writing, Mr. Garcia’s exact whereabouts remain unknown.

Final Thoughts

The story of Abrego Garcia is complex and troubling. A man legally protected under U.S. law was deported without due process and is now imprisoned abroad, with little transparency or evidence justifying his detention.

Regardless of political affiliation, this situation raises serious questions about the enforcement of immigration law, constitutional rights, and the integrity of our legal system.

Photo Caption: This undated photo provided by CASA, an immigrant advocacy organization, in April 2025, shows Kilmar Abrego Garcia. (CASA via AP)