Kilmar Abrego Garcia, an illegal migrant from El Salvador facing federal human trafficking charges, is asking a federal court to order the Trump administration to stop publicly referring to him as an MS-13 member and serial abuser, as reported [1] by The Independent Journal Review.
In a court filing Thursday, Abrego Garcia’s attorneys claimed that Department of Homeland Security (DHS) and Department of Justice (DOJ) officials have made “highly prejudicial” comments about him since his release from pretrial custody earlier in August.
BREAKING: The DOJ just released documents which prove Kilmar Garcia was a member of the MS-13 gang when he encountered police in 2019. pic.twitter.com/umc6BAAozq [2]
— Libs of TikTok (@libsoftiktok) April 16, 2025 [3]
They argue the remarks could taint a potential jury pool.
“Further intervention from the Court is necessary to protect Mr. Abrego’s right to a fair trial and the integrity of these proceedings,” his legal team wrote to Judge Waverly Crenshaw in Tennessee.
“The government’s ongoing barrage of prejudicial statements severely threaten — and perhaps have already irrevocably impaired — the ability to try this case at all — in any venue.”
The filing said public comments by administration officials could discourage potential witnesses from testifying, citing concerns that they too could be targeted.
“If the government is allowed to continue in this way, it will taint any conceivable jury pool by exposing the entire country to irrelevant, prejudicial, and false claims about Mr. Abrego,” the attorneys argued.
Abrego Garcia became a high-profile figure in President Donald Trump’s immigration enforcement initiatives after being deported to El Salvador in March. He briefly stayed at the country’s new mega-prison before being returned to the U.S. to face charges in Tennessee.
According to a federal indictment, Abrego Garcia is accused of making more than 100 trips across the United States transporting illegal migrants, narcotics, and firearms.
The charges stem in part from a 2022 highway stop in Tennessee, when law enforcement discovered him driving eight passengers with no luggage. All reportedly listed his address as their own.
