A recently unsealed court order reveals that officials from the Trump administration may have pushed for the prosecution of Kilmar Abrego Garcia on smuggling charges only after he contested his wrongful deportation to El Salvador. A senior Justice Department official referred to this case as a “top priority” more than a month following Abrego Garcia’s deportation.
The court order, issued on December 3 by U.S. District Judge Waverly Crenshaw of Tennessee, is part of the ongoing proceedings in Abrego Garcia’s smuggling case. It evaluates a request from his legal team to dismiss the charges based on claims of vindictive prosecution. Judge Crenshaw reported that he had reviewed over 3,000 documents related to the matter.
According to the order, on April 27, Aakash Singh, an official under Deputy Attorney General Todd Blanche, reached out to several individuals regarding the Abrego Garcia case, including the then-Acting U.S. Attorney for the Middle District of Tennessee, Rob McGuire. On that same day, McGuire received a file on Abrego Garcia from the Department of Homeland Security.
Singh labeled the case a “top priority” on April 30. By May 15, McGuire expressed in an email his desire to involve the Office of the Deputy Attorney General in the decision-making process regarding potential charges, noting that while the ultimate decision would rest with him, he valued input from others in the department. He mentioned that he had heard informally that there was a preference to charge Garcia expeditiously.
Subsequently, a grand jury indicted Abrego Garcia on May 21. Judge Crenshaw highlighted in his order that McGuire’s involvement indicated he was not the sole decision-maker, suggesting that the decision to prosecute may have been a collective one within the Justice Department.
The Justice Department has chosen not to comment on the court order.
Judge Crenshaw is currently deliberating a motion from Abrego Garcia’s attorneys to have the criminal charges dismissed on the grounds of vindictiveness. He has acknowledged that there is some evidence pointing to the possibility of vindictive motives in the prosecution and has requested additional documents from the government, including emails related to Singh.
Recently, Judge Crenshaw canceled a trial scheduled for January in Abrego Garcia’s case, opting instead for an evidentiary hearing on January 28 to assess whether the government can counter the preliminary finding of vindictiveness in the prosecution.
Abrego Garcia was deported to El Salvador on March 15, despite a 2019 immigration judge’s order that granted him legal protection against deportation. Upon his deportation, he was initially incarcerated at El Salvador’s notorious CECOT mega-prison. Following his legal challenge to the deportation, a federal judge in Maryland mandated the Trump administration to facilitate his return, a ruling that was later upheld by the Supreme Court.
He was returned to the U.S. in June to face federal charges concerning allegations that he had facilitated the transport of immigrants who entered the country illegally. Abrego Garcia has entered a not guilty plea.
His legal representatives argue that the government’s decision to prosecute him was a retaliatory act for contesting his deportation in court. The administration, however, has denied any vindictive intent, asserting that there was no effort to punish Abrego Garcia for challenging his deportation.
Earlier this month, Abrego Garcia was released from Immigration and Customs Enforcement (ICE) custody after U.S. District Judge Paula Xinis determined that there was no valid deportation order to justify his detention. He has since remained in Maryland with his American citizen wife and child.
Judge Xinis has instructed the Trump administration to submit a sworn declaration by Tuesday regarding its intention to re-detain Abrego Garcia and the legal basis for such action. The administration has previously claimed it could deport him to several African countries, including Liberia.
On Tuesday, Liana Castano, a senior ICE official, stated in a declaration that the agency currently has no plans to re-detain Abrego Garcia due to the existing court order prohibiting his custody. However, she noted that if that order is lifted, ICE would intend to re-detain him, and under such circumstances, he would not be eligible to request bond before a judge, with discretionary parole by ICE being his only potential release option.
