Murray Osorio, the immigration law firm representing Kilmar Abrego Garcia, the citizen of El Salvador now facing federal human smuggling charges in Tennessee, on Wednesday submitted an amended complaint seeking new relief that includes the supervised release of the alleged human smuggler back into Maryland.
The amended complaint claims that Abrego Garcia was first misled by U.S. Immigration and Customs Enforcement (ICE) after he was detained in March, when he claims he was reassured he would go before an immigration judge following his detention by agents who identified themselves as part of Homeland Security Investigations (HSI).
Immediately being taken his native El Salvador, the complaint claimed Abrego Garcia was struck repeatedly by guards at the Centro de Confinamiento del Terrorismo (CECOT) prison complex, leaving his body bruised and covered in bumps. It alleges he and other prisoners were then forced to kneel for hours, during which time he soiled himself.
His attorneys also asserted through the complaint that Abrego Garcia was subjected to torture, including sleep deprivation and inadequate nutrition, and had lost 31 pounds prior to his April meeting with U.S. Senator Chris Van Hollen (D-MD).
Kilmar Abrego Garcia, miraculously risen from the “death camps” & “torture”, now sipping margaritas with Sen. Van Hollen in the tropical paradise of El Salvador!🍹 pic.twitter.com/r6VWc6Fjtn
— Nayib Bukele (@nayibbukele) April 18, 2025
Notably, after his visit, Van Hollen pledged to provide an update on Abrego Garcia’s condition upon returning to the United States. He later told CNN that Abrego Garcia seemed “traumatized,” but did not raise claims of torture or physical abuse during his public remarks.
“What he told me was he was sad and traumatized that he was being in prison because he has committed no crimes,” the senator told CNN.
The Tennessee Star asked Van Hollen’s press office whether the senator noticed any signs of abuse in Abrego Garcia, including obvious bruises or bumps, or if he observed Abrego Garcia’s purported 31-pound weight loss, but did not receive an immediate response.
I said my main goal of this trip was to meet with Kilmar. 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. pic.twitter.com/U9y2gZpxCb
— Senator Chris Van Hollen (@ChrisVanHollen) April 18, 2025
While the complaint claimed Abrego Garcia was subjected to the screams of gang members as they fought in nearby cells, the New York Times notably reported in April that those toured the facility were surprised by the “huge silence” among prisoners.
Similarly, though the filing cited reports from third-party organizations claiming CECOT prisoners are subjected to inhumane treatment, including from Human Rights Watch and El Salvador-based Cristosal, President Nayib Bukele has called the prison instrumental to his administration’s success at making El Salvador rank among the world’s safest countries.
In their requests for relief, Abrego Garcia’s immigration attorneys ask U.S. District Court Judge Paula Xinis to issue an order compelling ICE to move Abrego Garcia to Maryland if he comes under their custody. It then requests Xinis to issue a writ of habeas corpus, ordering the government to justify its detainment of Abrego Garcia, opening the door for the judge to potentially order his supervised release in Maryland.
His immigration attorneys also requested Xinis force the Trump administration to pay Abrego Garcia’s legal fees, declare that the government violated the law by deporting him in March, and enter an order prohibiting future deportations to El Salvador, or any other country, without an additional hearing in court.
Xinis previously announced a July 7 hearing in Abrego Garcia’s lawsuit against the federal government after the possibility he could be deported was raised following the decision by U.S. District Magistrate Barbara Holmes to deny the U.S. Department of Justice (DOJ) request for a detention hearing in the human smuggling case against Abrego Garcia in Tennessee.
After Xinis ordered the hearing, U.S. District Magistrate Barbara Holmes agreed to delay her decision on whether to release Abrego Garcia from DOJ custody until July 16. Subject to an immigration detainer from ICE, Abrego Garcia would almost certainly be detained by the federal agency upon his release from the U.S. Marshals Service, where he is being held for the DOJ.
The Tennessee Star was the first outlet to report that Abrego Garcia was stopped on November 30, 2022 by Tennessee Highway Patrol, who suspected him of human trafficking, but were nonetheless ordered to release Abrego Garcia by the “Biden-era FBI.”
After claiming to be illegally deported, Abrego Garcia was returned to Tennessee on June 6, when U.S. Attorney General Pam Bondi unsealed the indictment alleging his nearly decade-long participation in a human smuggling conspiracy present in both Mexico and the United States. He pleaded not guilty to the charges.
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Tom Pappert is the lead reporter for The Tennessee Star, and also reports for The Pennsylvania Daily Star and The Arizona Sun Times. Follow Tom on X/Twitter. Email tips to [email protected].
Photo “Kilmar and Chris” by President Nayib Bukele.
If released in TN Garcia will very quickly cease being a CO2 footprint.
FAKE NEWS
SEE NAYIB BUKELE’S RESPONSE ON HIS X PAGE. HE PROVIDES ALL THE VIDEOS CONTRADICTING THE LIES.