Lawyers for a Maryland man at the center of a high-profile immigration case want the judge to silence the government. Attorneys for Kilmar Abrego Garcia claim the Trump administration’s constant name-calling is jeopardizing his right to a fair trial.
Abrego Garcia, a father from El Salvador living in Maryland, is in custody facing federal human smuggling charges. He turned himself in to Immigration and Customs Enforcement after a judge ordered his release from jail last week.
As a condition of his release, the judge required him to check in with ICE agents on Monday morning. While there, ICE agents took him into custody.
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‘Baseless public attacks’
This week, after Abrego Garcia reported to jail in Baltimore, Homeland Security Secretary Kristi Noem criticized him online. She posted on X, calling him an illegal alien, gang member, human trafficker, domestic abuser and child predator.
Noem is not the only one speaking out, either. President Donald Trump has previously referred to him as an animal, and Attorney General Pam Bondi linked Abrego Garcia to a “foreign terrorist organization.”
His lawyers said the Department of Homeland Security has also “posted a litany of inflammatory statements on its official X account.”
Abrego Garcia’s lawyers said these claims are baseless, and the public attacks are meant to vilify their client before he ever sees a jury. They argued it risks “prejudicing the proceedings.”
Requesting a gag order
Now, his lawyers are asking a judge to order “all DOJ and DHS officials involved in the case” to stop making comments that could prejudice the proceedings.
In a statement to ABC News, the Department of Homeland Security responded to the request. It said, “If Kilmar Abrego Garcia did not want to be mentioned by the Secretary of Homeland Security, then he should have not entered our country illegally and committed heinous crimes.”
Wrongfully deported
All this comes after the U.S. wrongfully deported Abrego Garcia to El Salvador because of a paperwork error. After discovering the error, the government fought to keep him detained, accusing him of ties to MS-13. Abrego Garcia and his supporters continue to strongly deny these charges.
In June, Abergo Garcia was returned to the U.S. following a court order. He was held in custody in Tennessee until his release last Friday, Aug. 22. He is back in custody after turning himself in to ICE agents on Monday.
