Justice Department Indictment of Kilmar Abrego Garcia Sparks Controversy

Wed Dec 31 2025 00:17:36 GMT+0200 (Eastern European Standard Time)

New details emerge in the criminal case against Kilmar Abrego Garcia, revealing the Justice Department's renewed interest in prosecuting him following his mistaken deportation.

Kilmar Abrego Garcia has pleaded not guilty to human smuggling charges in Tennessee. Recent revelations indicate that high-ranking officials in the Justice Department prioritized his indictment after he was mistakenly deported. Garcia argues that the prosecution may be vindictive, a result of political embarrassment for the Trump administration. A judge's sealed order has now been unsealed, providing insight into the prosecution's motivations and evidence suggesting possible vindictiveness.

NASHVILLE, Tenn. — A newly unsealed order in the criminal case against Kilmar Abrego Garcia reveals that high-level Justice Department officials pushed for his indictment, deeming it a “top priority,” only after he was mistakenly deported and subsequently ordered returned to the United States.

Abrego Garcia has entered a not guilty plea in federal court in Tennessee, facing charges of human smuggling. He is now working to dismiss the case, claiming that the prosecution is vindictive—a means for the Trump administration to exert punishment over the embarrassment caused by his wrongful deportation.

To bolster his defense, Abrego Garcia has requested the release of documents that outline the reasoning behind the decision to prosecute him in 2025 for an incident that occurred nearly three years earlier. On December 3, U.S. District Judge Waverly Crenshaw issued a sealed order compelling the government to provide certain documents to Abrego Garcia and his legal team. This order was unsealed on Tuesday, shedding light on the intricacies of the case.

Judge Crenshaw previously noted that there was “some evidence” indicating that the prosecution could be labeled as vindictive, citing statements made by Deputy Attorney General Todd Blanche on a Fox News segment that suggested the decision to charge Abrego Garcia was influenced by his victory in a wrongful deportation case.

Rob McGuire, who served as the Acting U.S. Attorney for the Middle District of Tennessee until late December, contended that such statements were irrelevant, asserting that he alone decided to pursue prosecution and maintained that he harbored no bias against Abrego Garcia.