Legal representatives for Kilmar Abrego Garcia, a Salvadoran undocumented immigrant, are requesting a gag order against Homeland Security Secretary Kristi Noem and Attorney General Pam Bondi. They argue that both officials have made what they call “baseless public attacks” against their client.
The motion was submitted on Thursday in the U.S. District Court for the Middle District of Tennessee. Abrego Garcia’s attorneys claim that officials from the Trump administration have been unfairly targeting him since his release from prison, leading to “highly prejudicial, inflammatory and false statements” about him.
“To ensure a fair trial for Mr. Abrego, we respectfully ask the Court to prevent all DOJ and DHS officials involved in the case, including [Bondi and Noem], from making comments that could significantly prejudice the proceedings,” the attorneys wrote in a 15-page document directed to U.S. District Judge Waverly Crenshaw.
Noem and Bondi have alleged that Abrego Garcia, who entered the U.S. without authorization, has connections to the MS-13 gang based on his tattoos and information from a confidential source. Interestingly, in 2019, he expressed fears of persecution from a rival gang, Barrio 18, while seeking asylum in the U.S.
This rivalry between MS-13 and Barrio 18 raises questions regarding the validity of his denial, as the two gangs are notorious for their violent territorial disputes. It’s not uncommon for gang members to flee their countries when under threat. Still, Abrego Garcia and his legal team contend that there is no conclusive proof linking him to MS-13.
“He doesn’t belong here. America is a safer nation without this MS-13 gang member,” a representative from the Department of Homeland Security remarked about Abrego Garcia in a recent social media post.
Abrego Garcia was recently detained by Immigration and Customs Enforcement (ICE) in Baltimore, shortly after his release in connection to a human smuggling case in Tennessee. He was previously deported in March to a Salvadoran mega-prison, only to be returned to the U.S. for charges related to a 2022 traffic incident.
His attorneys were later informed that he might be deported to Uganda. However, on Monday, U.S. District Judge Paula Xinis ruled that he cannot be removed until a hearing is held to determine if he can contest the deportation to a developing country.
“If Kilmar Abrego Garcia didn’t want to be discussed by the Secretary of Homeland Security, he shouldn’t have entered the country illegally and committed serious crimes,” a DHS official stated during a press briefing. They also criticized the media for portraying Abrego Garcia sympathetically despite his alleged criminal background.
The official emphasized that the media narrative supporting Abrego Garcia is failing, arguing that more attention should be given to the victims of such crimes.
