DOJ releases new documents on Kilmar Abrego Garcia amid fight to bring him back to US

WASHINGTON - The White House on Wednesday slammed a Maryland senator for traveling to El Salvador to visit a man mistakenly deported.

Chris Van Hollen is on the ground in El Salvador, demanding the release of Kilmar Abrego Garcia but Van Hollen says he was denied access to Abrego Garcia.

He met with El Salvador's vice president, who said those requests needed to be made beforehand. Van Hollen says he’ll now ask the embassy if they can speak by phone.

READ MORE: Judge launches inquiry into return of Kilmar Abrego Garcia, father deported to El Salvador

The senator says the U.S. embassy told him that they haven't received any direction from the White House to facilitate that release, despite court orders.

This case has become a flash point over the last couple of weeks, watched closely across the country.

Local perspective:

Back in the U.S., other Democrats are with Van Hollen, ardently calling for the release of Abrego Garcia saying he deserves due process to challenge the allegations against him. The father of three is still being held in a notoriously dangerous maximum-security prison in El Salvador.

Leaders from Montgomery County, including Executive Marc Elrich and elected officials from the Latino community throughout Maryland gathered in downtown Silver Spring Wednesday afternoon, rallying for Abrego Garcia's release.

"Each and every one of us is here today because we understand if they come for Kilmar in the morning, they will come for us at night. Because liberation requires community," a speaker at the demonstration said. 

What they're saying:

Following Abrego Garcia's deportation back in March, the Trump administration admitted that sending him back to El Salvador was an "error" but they won't do anything to bring him back, even after a Supreme Court ruled that they should facilitate his return. 

Both President Donald Trump and El Salvador's President Nayib Bukele say they have no plans to bring Abrego Garcia back.

The Trump administration has repeatedly claimed Abrego Garcia is a criminal and a member of the violent MS-13 gang, but has yet to provide direct evidence of those claims. 

READ MORE: Trump administration says US can't force return of man mistakenly deported to El Salvador

The White House also insists Abrego Garcia was in the states illegally, calling him a "known gang" member. 

In 2019, Abrego Garcia, who was in the country illegally, was arrested by Prince George's County police. But after review, a judge granted him a stay that allowed him to stay in the U.S. due to threats he would face in his home country. 

"An immigration judge found years ago that it would put his life in danger if he was returned to El Salvador," Van Hollen said. "He was given protective status and a work permit."

The backstory:

In court documents released by U.S. Attorney Pam Bondi, officers noted that a Chicago Bulls hat Abrego Garcia was wearing during the arrest that they allege represents that he was "in good standing with MS-13."

The administration has also mentioned a "reliable source" who claims Abrego Garcia was an active member of the gang.

"Abrego Garcia was also arrested with two other well-known members of the vicious MS-13 gang," White House Press Secretary Karoline Leavitt said. 

But Garcia was never charged or convicted of a crime.

Dig deeper:

During Wednesday’s briefing at the White House, Press Secretary Karoline Leavitt also brought up Abrego Garcia's alleged violent history with his wife.

"Abrego Garcia’s wife petitioned for an order of protection against him for two instances of domestic violence in May of 2021," Leavitt said. 

FOX News first reported on court documents discovered in which Abrego Garcia's wife petitioned for an order of protection against him for two instances of domestic violence in 2021.

"So, not only are Democrats rushing to defend an illegal foreign terrorist gang member but also an apparent woman beater. To set all of that aside, the basic fact is he was illegally inside our country and had a lawful deportation back to his home country of El Salvador," Leavitt said.  

READ MORE: Supreme Court rules Trump administration must return Maryland man mistakenly deported

The Supreme Court explicitly said in its ruling that Abrego Garcia's deportation was unlawful.

FOX 5 reached out to Abrego Garcia’s wife about the orders she filed. In a statement, she said: 

"I acted out of caution after a disagreement with Kilmar by seeking a civil protective order in case things escalated. Things did not escalate, and I decided not to follow through with the civil court process. That is not a justification for ICE's action of abducting him and deporting him to a country where he was supposed to be protected from deportation."

The other side:

Standing outside the high-security Salvadoran prison where Abrego Garcia is currently being held, Van Hollen pushed back on the White House narrative.

"When they say Abrego Garcia has been charged with a crime or is part of MS-13, that is a lie," Van Hollen said. 

READ MORE: Mistakenly deported Maryland man 'alive and secure' according to state department

While Van Hollen was unsuccessful with his goal to see or even speak to Abrego Garcia, the senator said that he won’t stop trying.

"I may be the first U.S. senator to visit on this issue but there will be more and more members of Congress coming," Van Hollen said. 

What's next:

In the courts, this case is moving quickly with a judge ordering a two-week deadline for depositions. 

It's not clear yet how long Van Hollen plans to stay in El Salvador but his next step is attempting to speak with Abrego Garcia over the phone through that embassy request. 

FOX 5 did also reach out to Van Hollen’s office to see if tax dollars did indeed fund his trip, as Leavitt alleged in Wednesday’s press briefing. We're waiting to hear back. 

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