WRONG!
The courts have always ruled he was not a gang member, had committed no crimes, and was on track to asylum citizenship.
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This
needs context. U.S. Immigration and Customs Enforcement arrested Abrego Garcia in 2019 as he was looking for day labor outside a Home Depot in Maryland. A police informant told police Abrego Garcia was an MS-13 member. Immigration judges denied Abrego Garcia bond, both
initially and on
appeal, citing the informant’s accusation.
In the initial denial, the judge said the determination of Abrego Garcia’s gang membership "appears to be trustworthy and is supported" by evidence from the Gang Field Interview Sheet which, in part, referenced the informant. Abrego Garcia’s attorneys have repeatedly said in court that the informant’s accusation was fabricated.
The immigration judges’ decision to deny bond is not equivalent to ruling that Abrego Garcia was a gang member, David Bier, associate director of immigration studies at the libertarian Cato Institute, said.
In immigration bond hearings, detainees have the burden of proof to show they are neither a flight risk nor a danger to the community. Abrego Garcia "failed to meet his burden to show that he was not a danger," Bier said. That’s not the same as the government proving affirmatively that he was an MS-13 member.
"The immigration judge is only taking at face value any evidence that the government provides," Bier said. "It is not assessing its underlying validity at that stage."
Abrego Garcia later received an immigration protection called withholding of removal. Granting that protection required the Department of Homeland Security to decide Abrego Garcia was not "a danger to the security of the United States," Bier said, quoting U.S. immigration law.
"The Trump administration did not appeal these determinations or the granting of withholding of removal," Bier said. "So at that time, it did not consider him a threat and no new evidence has been presented since then."
Simon Sandoval-Moshenberg, an attorney for Abrego Garcia, told PolitiFact his client has "never been convicted of any crime, gang-related or otherwise," and we also found no court evidence he had been convicted. Neither of the immigration court proceedings constitute a conviction, because they were not trials.
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The facts behind Kilmar Armando Abrego Garcia’s deportation