A newly unsealed court order in the criminal case against Kilmar Abrego Garcia indicates that a senior Department of Justice official described his prosecution as “a top priority” shortly after he was mistakenly deported, a development that a federal judge said could undercut the Trump administration’s claims that the case was initiated solely by local prosecutors.
Abrego Garcia was deported to El Salvador before later being returned to the United States, where he was indicted in Tennessee on federal human smuggling charges. He was released from immigration custody earlier this month and is now seeking dismissal of the criminal case, arguing that he is the victim of selective and vindictive prosecution.
U.S. District Judge Waverly Crenshaw, who is overseeing the Tennessee case, has scheduled a hearing next month to consider those claims.
In the unsealed order, Judge Crenshaw said documents produced by the government “suggest” that the decision to prosecute Abrego Garcia was not made independently by prosecutors in Tennessee. Instead, the materials indicate that officials outside the local U.S. attorney’s office may have played a role, raising questions about the extent of involvement by senior officials at the Department of Justice.
The finding potentially conflicts with previous assertions by the Trump administration that the case was handled entirely at the local level.
The court has not yet ruled on Abrego Garcia’s motion to dismiss, and prosecutors have not publicly responded to the judge’s observations in the newly released order.
























