Kilmar Abrego Garcia was subjected to severe mistreatment including “beatings, severe deprivation, inadequate nutrition and psychological torture” upon his arrival in March at CECOT, the notorious mega-prison in El Salvador, according to a newly proposed amended complaint from his lawyers.
The details came in a filing Abrego Garcia’s attorneys made Wednesday in their effort to convince Maryland U.S. District Judge Paula Xinis to block his deportation while he awaits trial on human smuggling charges in Tennessee.
Among the details his lawyers sought to include in their original complaint were their client’s account of his arrest in March, his detainment in the U.S., and his time in El Salvador, where he was sent despite a 2019 court order barring his deportation to that country due to fear of persecution, after the Trump administration claimed he was a member of the criminal gang MS-13, which he has denied.
Abrego Garcia, according to Wednesday’s filing, repeatedly informed officials from the moment he was arrested that “he was never a gang member” and that he had legal permission to remain and work in the U.S.
When Abrego Garcia and his fellow detainees arrived at CECOT, a prison official said, “Welcome to CECOT. Whoever enters here doesn’t leave,” according to the filing. Upon his arrival, Abrego Garcia was “pushed toward a bus, forcibly seated, and fitted with a second set of chains and handcuffs. He was repeatedly struck by officers when he attempted to raise his head,” the filing said.
“Plaintiff Abrego Garcia was then forced to strip, issued prison clothing, and subjected to physical abuse including being kicked in the legs with boots and struck on his head and arms to make him change clothes faster,” his lawyers said.
Abrego Garcia had visible bruises and lumps all over his body, the filing said. He and other Salvadorans were forced to kneel for nine hours, “with guards striking anyone who fell from exhaustion.”
“The detainees were confined to metal bunks with no mattresses in an overcrowded cell with no windows, bright lights that remained on 24 hours a day, and minimal access to sanitation,” his lawyers wrote.
In the proposed amended complaint, Abrego Garcia’s attorneys allege that Salvadoran authorities “recognized” that Abrego Garcia was not affiliated with any gangs, and separated him and 20 other Salvadorans by placing them in a separate cell a week after they arrived at the prison.
The filing says Abrego Garcia lost 31 pounds during his first two weeks at CECOT.
Then, on April 10, Abrego Garcia was transferred to a prison facility in Santa Ana, El Salvador, where he was “frequently hidden from visitors,” according to the filing.
Abrego Garcia was brought back to the U.S. last month to face charges in Tennessee of allegedly transporting undocumented migrants within the U.S. while he was living in Maryland. He has pleaded not guilty.
Federal prosecutors in Tennessee have indicated their intention to deport Abrego Garcia to a third country if the magistrate judge overseeing his criminal case releases him on bail as he awaits trial. His attorneys have asked Judge Xinis to order the transfer of Abrego Garcia to Maryland and to block his removal from the U.S. without first providing him and his attorneys notice.
“Defendants have repeatedly stated their intent to remove Mr. Abrego Garcia to a third country,” his attorneys said Wednesday. “Abrego Garcia could face persecution or torture if removed directly to various other countries, including but not limited to countries with notorious human rights abuses like Libya, South Sudan, and Eritrea.
“Without knowing which country Defendants intend to try to remove him to, Abrego Garcia cannot prepare or file an application for protection,” his lawyers said.
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