BALTIMORE (WBFF) — When Kilmar Abrego Garcia was pulled over by the Tennessee Highway Patrol in 2022, he was driving a car owned by a man convicted of human smuggling, the Department of Homeland Security confirmed to FOX45 News.

Abrego Garcia was pulled over by THP about 115 miles outside of Nashville for speeding and failing to maintain his lane, DHS said.

During the stop, a THP officer noticed there were eight other people in the vehicle, and despite Abrego Garcia telling the officer he was heading from Texas to Maryland, there was no luggage in the vehicle, according to a DHS document, “leading the encountering officer to suspect this was a human trafficking incident.”

“All the passengers gave the same home address as the subject’s home address,” the DHS report said.

The report suggests the passengers were intentionally not speaking enough English to provide clear answers.

Abrego Garcia told the officer the vehicle belonged to his boss, and he was bringing the passengers in the vehicle to Maryland for work.

FOX45 News confirmed the owner of that vehicle is Jose Ramon Hernandez-Reyes. In June 2020, Hernandez-Reyes pled guilty to “illegal transportation or moving of an alien,” according to a news release from the U.S. Attorney’s Office from the Southern District of Mississippi.

Hernandez-Reyes was involved in a traffic stop in December 2019 in Mississippi where there were nine people in the car. Human smuggling was suspected, according to the news release, and Homeland Security was notified. Eight of the nine were found to be in the United States illegally, according to the U.S. Department of Justice, and after interviewing everyone, “it was determined that seven passengers were being smuggled from Houston, Texas, to different locations throughout the United States.”

During Abrego Garcia’s traffic stop, he was not cited for the driving infraction but was given “a warning citation for driving with an expired driver’s license.”

“During the stop, a standard law enforcement database check returned information that prompted notification to the (FBI),” a statement from a spokesperson from THP stated.

The Department of Homeland Security’s memo about Abrego Garcia’s traffic stop notes the gang information sheet police in Prince George’s County filled out following a 2019 arrest that involved Abrego Garcia and three other people, claiming the form validated Abrego Garcia as a member of the MS-13 gang.

Abrego Garcia was detained following an arrest in Hyattsville, Md. in a Home Depot parking lot in March. He was in the parking lot with three other people looking for day labor work. Court documents indicate the four men were arrested by police and questioned about gang ties. Abrego Garcia said he was not affiliated with any gangs and couldn’t provide the police with any details about the gang MS-13 or any of the other people.

A Hyattsville City Police Officer recognized one of the men in the group to be a member of MS-13, according to a statement provided by the Prince George’s County Police Department. The PGPD Gang Unit was on hand to assist with interviews and filled out a Gang Field Interview Sheet.

“The PGPD detectives had reasonable suspicion, based upon their training and experience, three of the four men, including Kilmar Abrego Garcia, displayed traits associated with MS-13 gang culture,” the statement from PGPD read.

The gang unit, according to the GFIS, said the Chicago Bulls hat and hoodie Abrego Garcia was wearing “represents that they are a member in good standing with MS-13.”

Additionally, a “reliable source of information” said he is a member of the “Westerns” clique of the gang, located in upstate New York, according to the documents.

One of the officers involved with filling out the GFIS, however, was Ivan Mendez. Mendez, according to PGPD, was suspended in April 2019 “in connection with an unrelated matter.” He later pleaded guilty to misconduct in office for that undisclosed issue and was fired in December 2022.

“There will be no further statements or information provided on these subjects,” PGPD’s statement continued.

Abrego Garcia was not charged and was turned over to ICE where he was detained.

Documents from the U.S. Department of Justice show ICE officials used that GFIS to prove Abrego Garcia’s gang affiliation and said he “is not claiming fear of returning to his country” of El Salvador.

At the time, Abrego Garcia was denied bond, and his attorneys appealed the decision, claiming there was “no reliable evidence in the record” of MS-13 affiliation. He was later released and checked in with immigration officials.

Attorneys for the Trump Administration have said in court records that Abrego Garcia was deported to El Salvador in error. The U.S. Supreme Court unanimously ordered the Trump Administration to “facilitate” his return to the United States. However, top officials within the Trump Administration have made it clear, they do not believe he should come back to this country.

“He is not coming back to our country,” Attorney General Pam Bondi said. “There was no situation ever where he would stay in this country.”

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