abrego

NASHVILLE — A federal judge in Tennessee on Monday warned of possible sanctions against top Trump administration officials if they continue to make inflammatory statements about Kilmar Abrego Garcia that could prejudice his coming trial.

U.S. District Judge Waverly Crenshaw filed an order late on Monday instructing local prosecutors in Nashville to provide a copy of his opinion to all Justice Department and Department of Homeland Security employees, including Atty. Gen. Pam Bondi and Homeland Security Secretary Kristi Noem.

“Government employees have made extrajudicial statements that are troubling, especially where many of them are exaggerated if not simply inaccurate,” Crenshaw writes.

He lists a number of examples of prohibited statements as outlined in the local rules for the U.S. District Court of Middle Tennessee. They include any statements about the “character, credibility, reputation, or criminal record of a party” and “any opinion as to the accused’s guilt or innocence.”

“DOJ and DHS employees who fail to comply with the requirement to refrain from making any statement that ‘will have a substantial likelihood of materially prejudicing’ this criminal prosecution may be subject to sanctions,” his order reads.

Earlier this year, Abrego Garcia’s mistaken deportation to El Salvador, where he was held in a notoriously brutal prison despite having no criminal record, helped galvanize opposition to President Trump’s immigration crackdown. Facing mounting public pressure and a court order, the Trump administration brought him back to the U.S. in June, but only after issuing an arrest warrant on human smuggling charges in Tennessee. Abrego Garcia has pleaded not guilty to those charges and asked Crenshaw to dismiss them.

Meanwhile, Trump administration officials have waged a relentless public relations campaign against Abrego Garcia, repeatedly referring to him as a member of the MS-13 gang and even implicating him in a murder. Crenshaw’s opinion cites statements from several top officials, including Bondi and Noem, as potentially damaging to Abrego Garcia’s right to a fair trial. He also admonishes Abrego Garcia’s defense attorneys for publicly disclosing details of plea agreement negotiations.

Abrego Garcia has an American wife and child and has lived in Maryland for years, but he immigrated to the U.S. illegally from El Salvador as a teenager. In 2019, an immigration judge granted him protection from being deported back to his home country, finding he had a well-founded fear of violence there from a gang that targeted his family.

Since his return to the U.S. in June, Immigration and Customs Enforcement has announced plans to deport him to a series of African countries, most recently Liberia.

Loller writes for the Associated Press.

Trump administration is seeking to deport Abrego Garcia to West African country, in move decried by lawyers.

A federal judge in the United States has requested assurances from the administration of President Donald Trump that officials will not deport Kilmar Abrego Garcia while an injunction barring his deportation remains in place.

The demand from District Judge Paula Xinis on Monday comes after US Immigration and Customs Enforcement (ICE) filed a notice last week of a plan to deport Abrego Garcia to the West African nation of Liberia.

She asked why the government is not instead deporting Abrego Garcia to Costa Rica, a Salvadoran man living in the United States, where he has said he is willing to go because the government there has promised he would be welcomed as a legal immigrant and not re-deported to El Salvador.

“Any insight you can shed on why we’re continuing this hearing when you could deport him to a third country tomorrow?” Xinis asked government lawyers.

Abrego Garcia was wrongfully deported to El Salvador by the Trump administration March, in violation of a 2019 court order barring him from being sent back to his homeland.

He was returned to the US under a judge’s order in June, but swiftly charged with human smuggling in Tennessee. He is seeking dismissal of that case.

Administration officials have repeatedly accused Abrego Garcia of being a member of the MS-13 gang, a claim that has never been proven in court.

Abrego Garcia’s lawyers have said he is being targeted for political retribution.

Responding to the plan to deport Abrego Garcia to Liberia, lawyer Simon Sandoval-Moshenberg called the move “cruel and unconstitutional”. He noted that Abrego Garcia has no ties to the country.

The Trump administration has repeatedly sought to deport individuals unable to be sent to their homelands to so-called third countries. Advocacy groups have argued that the deportations violate due process rights and that immigrants are being sent to countries with long histories of human rights violations.

Abrego Garcia has separately applied for asylum in the US.

BALTIMORE — The U.S. government plans to deport Kilmar Abrego Garcia to Liberia and could do so as early as Oct. 31, according to a Friday court filing.

The Salvadoran national’s case has become a magnet for opposition to President Trump’s immigration crackdown since he was mistakenly deported to El Salvador, in violation of a settlement agreement.

He was returned to the U.S. in June after the U.S. Supreme Court said the administration had to work to bring him back. Since he cannot be re-deported to El Salvador, the U.S. government has been seeking to deport him to various African countries.

A federal judge in Maryland had previously barred his immediate deportation. Abrego Garcia’s lawsuit there claims the Trump administration is illegally using the deportation process to punish him for its embarrassment over his mistaken deportation.

A Friday court filing from the Department of Homeland Security says that “Liberia is a thriving democracy and one of the United States’s closest partners on the African continent.” Its national language is English, its constitution “provides robust protections for human rights,” and Liberia is “committed to the humane treatment of refugees,” the filing asserts. It concludes that Abrego Garcia could be deported as soon as Friday.

The court filing assessment is in contrast to a U.S. State Department report last year that detailed a human rights record in Liberia including extrajudicial killings, torture and serious restrictions on press freedom.

“After failed attempts with Uganda, Eswatini, and Ghana, ICE now seeks to deport our client, Kilmar Abrego Garcia, to Liberia, a country with which he has no connection, thousands of miles from his family and home in Maryland,” a statement from attorney Simon Sandoval-Moshenberg reads. “Costa Rica stands ready to accept him as a refugee, a viable and lawful option. Yet the government has chosen a course calculated to inflict maximum hardship. These actions are punitive, cruel, and unconstitutional.”

Abrego Garcia has an American wife and child and has lived in Maryland for years. He immigrated to the U.S. illegally as a teenager, but in 2019 an immigration judge granted him protection from being deported back to El Salvador, where he faces a “well-founded fear” of violence from a gang that targeted his family, according to court filings. In a separate action in immigration court, Abrego Garcia has applied for asylum in the United States.

Additionally, Abrego Garcia is facing criminal charges in federal court in Tennessee, where he has pleaded not guilty to human smuggling. He has filed a motion to dismiss the charges, claiming the prosecution is vindictive.

Oct. 24 (UPI) — The Department of Justice filed a motion Friday to deport Kilmar Abrego Garcia to Liberia, a country to which he has no ties.

The Department of Homeland Security has received “diplomatic assurances regarding the treatment of third-country individuals removed to Liberia from the United States and are making the final necessary arrangements for [Abrego Garcia’s] removal,” the filing said.

DHS expects “to be able to effectuate removal as soon as Oct. 31.”

Abrego Garcia, a Baltimore resident, is a native of El Salvador. He was accidentally deported to a Salvadoran prison in March against a court order. In recent months, DHS has been looking for a new place to send him. It’s tried Uganda, Eswatini and Ghana, but those countries refused.

But an immigration judge ordered that Abrego Garcia not be removed from the United States.

Abrego Garcia’s attorney said the government “has chosen yet another path that feels designed to inflict maximum hardship.”

“Having struck out with Uganda, Eswatini and Ghana, ICE now seeks to deport our client Kilmar Abrego Garcia to Liberia — a country with which he has no connection, thousands of miles from his family and home in Maryland,” Simon Sandoval-Moshenberg told ABC News. “Costa Rica has agreed to accept him as a refugee, and remains a viable and lawful option.”

The DOJ said Liberia is “a thriving democracy” and is “committed to the humane treatment of refugees.”

Abrego Garcia has been accused of being a gang member and of human trafficking, stemming from a 2002 traffic stop in Tennessee. Police stopped the vehicle in Tennessee and found several Latino men with no identification. Charges for that case were filed this year. He still awaits trial.

On Oct. 4, a federal judge in Tennessee granted a motion by Abrego Garcia’s defense team that seeks a hearing for vindictive prosecution.

“The timing of Abrego’s indictment suggests a realistic likelihood that senior DOJ and [Homeland Security] officials may have induced Acting U.S. Attorney [Robert] McGuire (albeit unknowingly) to criminally charge Abrego in retaliation for his Maryland lawsuit,” U.S. District Court for Middle Tennessee Judge Waverly Crenshaw Jr. wrote.

The Maryland lawsuit was Garcia’s successful legal challenge in a federal court in which he showed DHS made a mistake when it deported him to El Salvador.

Federal officials also contend Abrego Garcia was a member of the Salvadoran MS-13 gang, though he and his family deny it. They argue that Abrego Garcia fled El Salvador because of gang violence.

HARRISBURG, Pa. — A federal judge has concluded that the Department of Justice’s prosecution of Kilmar Abrego Garcia on human smuggling charges may be an illegal retaliation after he successfully sued the Trump administration over his deportation to El Salvador.

The case of Abrego Garcia, a Salvadoran national who was a construction worker living legally in Maryland when he was wrongly deported to his home country, has become a proxy for the partisan struggle over President Trump’s sweeping immigration crackdown and mass deportation agenda.

U.S. District Judge Waverly Crenshaw late Friday granted a request by lawyers for Abrego Garcia and ordered discovery and an evidentiary hearing in Abrego Garcia’s effort to show that the federal human smuggling case against him in Tennessee is illegally retaliatory.

Crenshaw said Abrego Garcia had shown that there is “some evidence that the prosecution against him may be vindictive.” That evidence included statements by various Trump administration officials and the timeline of the charges being filed.

The departments of Justice and Homeland Security did not immediately respond to inquiries about the case Saturday.

In his 16-page ruling, Crenshaw said many statements by administration officials “raise cause for concern,” but one stood out.

That statement by Deputy Atty. Gen. Todd Blanche, on a Fox News program after Abrego Garcia was charged in June, seemed to suggest that the Department of Justice charged Abrego Garcia because he won his wrongful-deportation case, Crenshaw wrote.

Blanche’s ”remarkable statements could directly establish that the motivations for Abrego’s criminal charges stem from his exercise of his constitutional and statutory rights” to sue over his deportation “rather than a genuine desire to prosecute him for alleged criminal misconduct,” Crenshaw wrote.

Likewise, Crenshaw noted that the Department of Homeland Security reopened an investigation into Abrego Garcia days after the Supreme Court said in April that the Trump administration must work to bring back Abrego Garcia.

Abrego Garcia was indicted May 21 and charged June 6, the day the U.S. brought him back from a prison in El Salvador. He pleaded not guilty and is now being held in Pennsylvania.

If convicted in the Tennessee case, Abrego Garcia will be deported, federal officials have said. A U.S. immigration judge has denied Abrego Garcia’s bid for asylum, although he can appeal.

Abrego Garcia has an American wife and children and has lived in Maryland for years, but he immigrated to the United States illegally as a teenager.

In 2019, he was arrested by immigration agents. He requested asylum but was not eligible because he had been in the U.S. for more than a year. But the judge ruled he could not be deported to El Salvador, where he faced danger from a gang that targeted his family.

The human smuggling charges in Tennessee stem from a 2022 traffic stop. He was not charged at the time.

Trump administration officials have waged a relentless public relations campaign against Abrego Garcia, repeatedly referring to him as a member of the MS-13 gang, among other things, despite the fact he has not been convicted of any crimes. The government has provided no clear evidence of gang affiliation, and Abrego Garcia denies the allegation.

Abrego Garcia’s attorneys have denounced the criminal charges and the deportation efforts, saying they are an attempt to punish him for standing up to the administration.

Abrego Garcia contends that, while imprisoned in El Salvador — in a notorious lockup with a documented history of human rights abuses — he suffered beatings, sleep deprivation and psychological torture. Salvadoran President Nayib Bukele has denied those allegations.

Levy writes for the Associated Press.

BALTIMORE — A U.S. immigration judge on Wednesday denied a bid for asylum from Kilmar Abrego Garcia, whose case has become a proxy for the partisan power struggle over immigration policy.

The judge in the Baltimore immigration court denied an application to reopen Abrego Garcia’s 2019 asylum case, but that is not the final word. Abrego Garcia has 30 days to appeal to the Board of Immigration Appeals.

The Salvadoran national has an American wife and children and has lived in Maryland for years, but he originally immigrated to the U.S. illegally as a teenager. In 2019, he was arrested by immigration agents. He requested asylum but was not eligible because he had been in the country for more than a year. However, the judge ruled that he could not be deported to El Salvador, where he faced danger from a gang that targeted his family.

When he was mistakenly deported to El Salvador in March and kept in a notorious prison, his case became a rallying point for those who opposed President Donald Trump’s immigration crackdown. Facing a ruling from the U.S. Supreme Court, Trump’s Republican administration returned Abrego Garcia to the U.S. in June, only to immediately charge him with human smuggling.

While he faces those criminal charges in Tennessee, based on a 2022 traffic stop, U.S. Immigration and Customs Enforcement is also seeking to deport him to a third country, proposing Uganda first and then Eswatini.

Loller writes for the Associated Press. Loller reported from Nashville, Tenn.

NASHVILLE — Kilmar Abrego Garcia, who was wrongfully deported from the United States to his native El Salvador and whose case became an intensely watched focus of President Trump’s immigration crackdown, has been moved from a Virginia detention center to a facility in Pennsylvania.

Court records show Immigration and Customs Enforcement notified Abrego Garcia’s lawyers Friday that he was transferred to the Moshannon Valley Processing Center in Philipsburg. It said the location would make it easier for the attorneys to access him.

But his attorneys raised concerns about conditions at Moshannon, saying there have been recent reports of “assaults, inadequate medical care, and insufficient food,” according to a federal court filing.

The Trump administration has claimed that Abrego Garcia was a member of the MS-13 gang, an allegation that he denies and for which he was not charged.

The administration returned Abrego Garcia to the U.S. in June, but only to face human smuggling charges. His lawyers have called the case preposterous and vindictive.