DOJ says it will appeal Abrego Garcia ruling, releases documents tying him to gang

The Department of Justice filed notice Wednesday that it will appeal the order from a federal judge requiring the government to facilitate the return of wrongly deported Kilmar Abrego Garcia from El Salvador, on the same day the it released two documents that were previously used to allegedly tie him to the criminal gang MS-13.

The two forms the government present as evidence -- a gang field interview sheet from the Prince George's County Police Department in Maryland and an additional form from the Department of Homeland Security -- base Abrego Garcia's alleged gang affiliation on his clothing and information from a confidential informant described as a "past proven and reliable source of information."

The reports provide no other information beyond the clothing and confidential informant to justify the claim that Abrego Garcia is a ranking gang member.

Abrego Garcia is entering his second month in an El Salvador mega-prison after he was deported there on March 15 despite being issued a 2019 court order barring his deportation to his home country due to the fear of persecution.

His attorneys and his wife have denied he is a member of MS-13, and his lawyers have called into question the validity of the document by alleging the detective who authored it was later suspended.

DHS Assistant Secretary of Public Affairs Tricia McLaughlin told ABC News' Jay O'Brien on Tuesday that Abrego Garcia's deportation to El Salvador was the result of a "clerical error" and that "he should have been sent to a detention center in Mexico, Nicaragua, Egypt."

According to the gang field interview sheet – a report of the police’s interaction with Abrego Garcia – he was approached by police in 2019 after they said he was loitering in a Home Depot parking lot in Hyattsville, Maryland.

The report noted that Abrego Garcia wore a Chicago Bulls hat and hoodie emblazoned with images of rolls of money covering the eyes and ears of former U.S. presidents, which police claimed tied Abrego Garcia to the gang.

"Officers know such clothing to be indicative of the Hispanic gang culture," the report said, noting that the meaning of the clothing is "see no evil, hear no evil and say no evil."

"Wearing the Chicago Bulls hat represents that they are a member in good standing with the MS-13," the report said.

According to the report, officers contacted a "past proven and reliable source of information" who said that Abrego Garcia was a ranking member of MS-13. Abrego Garcia had the rank of "Chequeo" and had the moniker "Chele," according to the informant. According to the DOJ, a chequeo is a low level member of MS-13.

The DHS report added that Abrego Garcia was in possession of $1,178 at the time of his arrest.

The report noted that Abrego Garcia was in the company of three other men when he was arrested, one of whom, according to police, had an extensive criminal history and was known as an active gang member. Another was linked to MS-13 based on a confidential source, the report said.

Police said they were unable to link the third man to the gang, writing that "MS-13 gang members are only allowed to hang around other members or prospects for the gang."

The other document -- a DHS I-213 form -- cited the Prince George's County Police Department field interview sheet to claim that Abrego Garcia was "identified" and "validated" as a member of MS-13. Abrego Garcia denied having any information about the gang or human smuggling, according to the DHS report.

An immigration judge who denied Abrego Garcia bond in 2019 cited both reports as the main evidence to conclude he posed a risk to the community.

Abrego Garcia's lawyers have highlighted apparent inconsistencies in the DHS report, saying it offers contradictory assessments regarding whether Abrego Garcia feared being removed to El Salvador.

His attorneys have also highlighted that the confidential information linked Abrego Garcia to the Western clique of MS-13, which principally operates on Long Island, where they say he has never lived.

The report also noted that the two other alleged gang members at the Home Depot parking lot were members of a different MS-13 clique.

Wednesday's developments came a day after U.S. District Judge Paula Xinis ordered government officials to testify under oath because, she said, they had "done nothing to aid in Abrego Garcia's release from custody and return to the United States," despite the Supreme Court directing the Trump administration to "'facilitate' Abrego Garcia's release from custody in El Salvador."

Per Judge Xinis' orders, the Trump administration on Wednesday submitted its daily status update on Abrego Garcia, saying that were "no further updates."

"Given the government's prior clear and unequivocal notice to the Court regarding how the government will facilitate Abrego Garcia's return within the contours of existing law and regulation, there are no further updates," Joseph Mazzarra, the Acting General Counsel for the Department of Homeland Security, said in the update.