Maryland's governor says Kilmar Abrego Garcia, deportation cases deserve due process

Maryland Democratic Gov. Wes Moore said on "Face the Nation" on Sunday that he wants due process and for the justice system to decide deportation cases like Kilmar Abrego Garcia's, rather than the president or other cabinet leaders.

Abrego Garcia, a Maryland resident, was released from pre-trial detention in Tennessee on Friday, August 22.

Abrego Garcia's release comes almost six months after he was taken into custody by U.S. Immigration and Customs Enforcement (ICE) agents in Baltimore, mistakenly deported to a Salvadoran prison, then returned to the U.S. and charged with federal smuggling offenses. 

His attorneys say he was then met with a threat to report to the ICE Baltimore field office and take a plea deal from the Department of Justice or face deportation this week to Uganda.

The Justice Department offered Kilmar Abrego Garcia a deal to stay in custody, plead guilty, and after serving the imposed sentence, and then be deported to Costa Rica with guaranteed protections. If he doesn't accept by Monday, the deal will no longer be available, according to court documents.

"Absolutely, I want due process," Gov. Moore said. "I just simply want a court and a judge to decide what is going to be the future fate of this case and all cases like this, and not simply the President of the United States or the Secretary of Homeland Security, who is trying to be judge, juror, prosecutor, and executioner inside this case. I believe in the Constitution, and I believe that that's what we should follow for this case."

Abrego Garcia, an El Salvador native, lived with his wife and three children in Prince George's County, Maryland, at the time of his deportation. He entered the U.S. illegally in 2011 to escape gang violence, according to court documents. He then traveled to Maryland to unite with his older brother, who is a U.S. citizen. 

Gov. Moore is calling on the Trump administration to do the work and fix the immigration system.

"The constitution is very clear about how we deal with these types of issues, and when we look at what's happened in this situation, it's the president manipulating the fact that we have a very broken immigration system inside this country," Gov. Moore said. "But instead of actually doing the work that it requires to fix it, actually working in Congress to come up with a comprehensive immigration bill, the president is using it just to work to exploit the brokenness."

Rally to support Abrego Garcia

CASA, an immigrant rights organization, will be holding a rally and prayer vigil on Monday morning ahead of Abrego Garcia's check-in with ICE. The rally is scheduled to start at 7 a.m. in Hopkins Plaza in front of the Baltimore federal building. 

Jossie Sapunar, director of communications for CASA, says activism and support are helping Abrego Garcia's family through this difficult time. 

"They've chosen to make him an example that immigrants need to succumb to the whims and torture of the administration," Sapunar said. "Stand up and protect our immigrant neighbors because right now, it's a moment of attack."

Conditions of pre-trial release

Abrego Garcia will be in the custody of his brother while he is in Maryland, according to the court's order of release, which WJZ Investigates reviewed. 

He will have to wear an ankle monitor with GPS location tracking.

"Abrego shall travel directly to Maryland, where he must report by phone to Pretrial Services for the District of Maryland by no later than 10 a.m. on Monday, August 25th," U.S. Magistrate Judge Barbara Holmes wrote. "Thereafter, Abrego must remain in the custody of his brother."

Holmes also took into consideration the fears of Abrego Garcia's legal team that the government could seek to place him into ICE custody upon his arrival in Maryland.

"Should Abrego be taken into ICE custody following his return to Maryland, the United States, specifically, but without limitation, ICE authorities, Department of Homeland Security officials, and/or Department of Justice officials, shall ensure that, while Abrego remains in ICE custody, he has access to his attorneys, both physically and via telephone, to allow Abrego to prepare for trial in this case," Holmes added.

Abrego Garcia will still face charges of human smuggling in January 2026. He was also ordered to attend an anger management program, have no contact with any known MS-13 gang member, and not possess any firearms or use alcohol excessively.

Maryland senator says he spoke with Abrego Garcia

Maryland Senator Chris Van Hollen, a Democrat, says he spoke to Abrego Garcia Sunday morning for the first time since his trip to El Salvador in April.

"I was glad to have the opportunity to speak with Kilmar Ábrego García this morning and welcome him back to Maryland after what has been a long and torturous nightmare," Sen. Van Hollen said.

The senator said he told Abrego Garcia that he and state leaders have been fighting for his constitutional due process rights.

"The federal courts and public outcry forced the administration to bring Ábrego García back to Maryland, but Trump's cronies continue to lie about the facts in his case, and they are engaged in a malicious abuse of power as they threaten to deport him to Uganda – to block his chance to defend himself against the new charges they brought."

In April, Sen. Van Hollen visited and spoke with Abrego Garcia in El Salvador. The senator shared a photo with Abrego Garcia at what appears to be a restaurant.

"I said my main goal of this trip was to meet with Kilmar," Sen. Van Hollen said. "Tonight I had that chance. I have called his wife, Jennifer, to pass along his message of love. I look forward to providing a full update upon my return."