UPDATE: New evidence has emerged indicating that officials within the Trump administration aggressively pursued the prosecution of Kilmar Abrego Garcia after he contested his wrongful deportation. Documents unsealed on December 3, 2023, reveal that the case was labeled a “top priority” by the Justice Department, raising serious questions about the motivations behind the charges.
According to the court order, the Justice Department’s Aakash Singh contacted key officials, including then-Acting U.S. Attorney for the Middle District of Tennessee Rob McGuire, shortly after Garcia challenged his deportation to El Salvador. The evidence suggests that the push for prosecution came only after Garcia’s legal actions, with McGuire stating that he hoped for “ODAG eyes” on the case, indicating involvement from higher levels of the Department of Justice.
Garcia was deported on March 15, 2023, despite a previous ruling from an immigration judge granting him protection against such actions. Following his deportation, he was held in a notorious prison in El Salvador. After filing a lawsuit to contest his deportation, a federal judge in Maryland ordered his return to the U.S., which the Supreme Court subsequently upheld.
In a shocking turn, Garcia was indicted on May 21, 2023, just weeks after his deportation, for allegedly smuggling immigrants. His attorneys argue that the prosecution is vindictive, retaliating against him for exercising his legal rights. U.S. District Judge Waverly Crenshaw is currently reviewing a request from Garcia’s lawyers to dismiss these charges, citing potential vindictiveness in the prosecution process.
In the Dec. 3 ruling, Judge Crenshaw noted there was preliminary evidence suggesting that the motivations for pursuing charges against Garcia might not have been purely legal but rather retaliatory in nature. He has ordered the Justice Department to produce relevant documents, including emails related to the prosecution, stating that further scrutiny is necessary.
As the case unfolds, Judge Crenshaw has scheduled an evidentiary hearing for January 28, 2024, to determine if the prosecution can counter the claims of vindictiveness. Meanwhile, Garcia was released from ICE custody earlier this month after a judge determined there was no valid deportation order justifying his detention. He is currently living in Maryland with his American citizen wife and child.
The implications of this case extend beyond Garcia. It raises significant concerns about the conduct of the Trump administration’s immigration policies and the treatment of individuals challenging deportation orders. The Justice Department has declined to comment on the unsealed order but maintains that there was “no intent to punish” Garcia.
As the January hearing approaches, the public and legal communities are closely watching for developments that could reshape the discourse around immigration enforcement and prosecutorial discretion. The stakes are high, with both legal precedents and personal lives hanging in the balance.
Stay tuned for updates as this story develops.
