Kilmar Abrego Garcia stands outside U.S. District Court in Greenbelt with his wife, Jennifer Vasquez Sura, left, and Lydia Walther-Rodriguez with CASA, after a federal judge ruled earlier this month he was allowed to remain free. (File photo by William J. Ford/Maryland Matters)

A federal judge in Tennessee is ordering federal prosecutors to turn over some documents to lawyers for Kilmar Abrego Garcia as they try to show his indictment on human smuggling charges was the product of vindictive prosecution.

U.S. District Judge Waverly Crenshaw’s nine-page ruling — issued under seal Dec. 3, but unsealed at noon Tuesday in U.S. District Court in Nashville — said a “subset” of more than 3,000 government documents he reviewed appear to undercut the government’s defense against vindictive prosecution.

“Specifically, the government’s documents may contradict its prior representations that the decision to prosecute was made locally and that there were no outside influences,” Crenshaw wrote.

The order is a partial victory for Abrego Garcia, the Salvadoran native who lives in Maryland, where he was stopped by immigration agents in March and deported to a notorious prison in El Salvador. His removal came without due process and despite an earlier court order that prohibited  immigration officials from deporting Abrego Garcia to his home country, for fear of violence.

A series of court battles ended with the U.S. Supreme Court in April ordering Abrego Garcia be returned to the United States. He was finally brought back to the U.S. in June, where he faced new charges of human smuggling, stemming from a 2022 traffic stop in Tennessee where he was let go without a citation.

Abrego Garcia argues that the smuggling charge was concocted years after the fact to punish him for embarrassing the administration in court, and should be thrown out.

The charges of “conspiracy to unlawfully transport illegal aliens for financial gain” and “unlawful transportation of illegal aliens for financial gain” are tied to a 2022 traffic stop in Putnam County, Tennessee, where he was pulled over for speeding. There were nine passengers in the back of his car.

Abrego Garcia was not arrested. No ticket was issued.

But three years later, as he was winning his case to be returned to the U.S., federal prosecutors were revisiting that traffic stop. A Homeland Security agent told a federal judge earlier this year that he was told on April 28 of this year to investigate the traffic stop.

Abrego Garcia pleaded not guilty to the charges, that his attorneys have claimed were filed as retaliation against their client. They claim senior officials in the Justice Department pushed for the indictment, citing television interviews where Deputy Attorney General Todd Blanche said the investigation began after “a judge in Maryland … questioned” the government and accused it of “doing something wrong,” according to Crenshaw’s order.

The government denies involvement by higher-ups, saying the decision to prosecute Abrego Garcia was made solely by Robert McGuire, the U.S. Attorney for the Middle District of Tennessee.

Crenshaw’s order includes a timeline of events. In it are several communications between McGuire and D.C.-based U.S. Associate Deputy Attorney General Aakash Singh that began on April 27, one day before a federal agent was assigned to investigate the 2022 traffic stop.

In an April 30 exchange, Singh writes that Abrego’s case is “a top priority.” McGuire writes “we want the high command looped in.”

In a May 15 email, McGuire writes about the pending indictment.

“Ultimately, I would hope to have ODAG [Office of the Deputy Attorney General] eyes on it as we move towards a decision about whether this matter is going to ultimately be charged,” he wrote, according to Crenshaw’s order.

McGuire adds: “While ultimately, the office’s decision to charge will land on me. I think it makes sense to get the benefit of all of your brains and talent in this process and as we consider this case. I have not received specific direction from ODAG other than I have heard anecdotally that the DAG and PDAG would like Garcia charged sooner rather than later.”

Singh is updated about the indictment over the next week, according to Crenshaw’s timeline.

“These documents show that McGuire did not act alone and to the extent McGuire had input on the decision to prosecute, he shared it with Singh and others,” Crenshaw wrote.

Abrego’s attorneys successfully made a case before Crenshaw that prosecutors had acted vindictively. They sought the release of documents through discovery. Federal prosecutors balked and withheld those documents, citing privilege.

Crenshaw, in his now-unsealed order, said allowing the privilege assertion to trump due process protections would undermine rulings by other federal courts.

“The Court recognizes the government’s assertion of privileges, but Abrego’s due process right to a non-vindictive prosecution outweighs the blanket evidentiary privileges asserted by the government,” Crenshaw wrote. “If the work product, attorney-client, and deliberative process privileges asserted by the government precluded all discovery in the context of a vindictiveness motion, defendants would never be able to answer the question ‘what motivated the government’s prosecution?'”

Simon Sandoval-Moshenberg, an attorney for Kilmar Abrego Garcia, speaks following a hearing in federal court in Greenbelt, Maryland, on Dec. 22, 2025. (Photo by Ashley Murray/States Newsroom)

GREENBELT, Md. — U.S. District Judge Paula Xinis will retain an order keeping the wrongly deported El Salvador national Kilmar Abrego Garcia out of federal custody for the rest of the year, the judge said at a Monday hearing.

In the first hearing that Abrego Garcia was present for after his release last week, Xinis pressed U.S. Department of Justice attorneys to say by Friday how they planned to proceed, including whether they would seek a new warrant to arrest Abrego Garcia. Attorneys for Abrego Garcia would then be able to respond to the government next week, with a decision coming in the new year. 

Xinis expressed frustration with the Trump administration Monday, as she has throughout the monthslong case that has highlighted the nationwide crackdown on immigration.

She said she would “happily” consider a lawful request from the administration to detain Abrego Garcia under a different section of law than the one she has already rejected. But the government has not given her the assurance that they would pursue a different authority to detain him again.

“But the problem is, you want me to lift the (temporary restraining order) so that we don’t know what’s going to happen,” she said. “Why should I give the respondents the benefit of the doubt in this case? Why should I do that here? Show your work. That’s all.”

DOJ lawyer Ernesto Molina objected to a restriction on the government’s ability to detain Abrego Garcia.

“There’s no period during which an alien cannot be detained under the appropriate circumstances,” he said.

Move to Costa Rica?

Abrego Garcia’s lawyer, Simon Sandoval-Moshenberg, told reporters following the hearing that Abrego Garcia, who is married to and the father of U.S. citizens, would be with his family for the holidays.

“As of right now, Mr. Abrego Garcia is going to return to his home with his wife and his children and his family members in Maryland,” Sandoval-Moshenberg said. “And he will be at home through Christmas and New Year.”

Sandoval-Moshenberg also blamed the federal government for keeping Abrego Garcia in the country, rather than allowing him to self-deport to Costa Rica.

Costa Rica has agreed to accept Abrego Garcia, who entered the United States without legal authorization in 2011. The Trump administration has rejected deportation to the Central American country, instead proposing he be removed to several African nations to which he has no relationship.

Abrego Garcia “remains willing” to move to Costa Rica, Sandoval-Moshenberg told Xinis. If not for the government’s actions to pursue criminal charges in Tennessee and to reserve the right for future immigration enforcement in Maryland, Abrego Garcia would now be out of the country, Sandoval-Moshenberg said.

“It’s the government that’s preventing him from doing so,” he said. “He’s literally in a double bind. …. He’s got two ankle bracelets.”

Abrego Garcia after his deportation was imprisoned in a brutal prison in El Salvador and returned to the United States to face criminal charges in Tennessee stemming from a 2022 traffic stop. After he was ordered released from U.S. marshals’ custody by a federal judge, Immigration and Customs Enforcement detained him again at an appointment at the Baltimore, Maryland, ICE field office.

In mid-December, he was released from the Moshannon Valley Processing Center in Pennsylvania. He had remained there since September. 

Kilmar Abrego Garcia speaks before dozens of supporters Friday outside the U.S. Immigration and Customs Enforcement office in Baltimore. (Photo by William J. Ford/Maryland Matters)

Kilmar Abrego Garcia is a free man, at least temporarily.

Abrego Garcia, a Salvadoran immigrant and Maryland resident, appeared early Friday for a check-in at the U.S. Immigration and Customs Enforcement field office in Baltimore, less than day after a federal district judge ordered him released from ICE detention in Pennsylvania.

At his last ICE check-in, in August, Abrego Garcia walked in but didn’t walk out: Authorities detained him and held him until Thursday. But Friday, Abrego Garcia walked out of the building to cheers and chants, led by members of the immigrant rights group CASA to a black car that took him to rejoin his family in Prince George’s County.

Before Abrego-Garcia walked inside the building Friday, he thanked his supporters who rallied there, talked about spending the holidays with his family and offered advice for others suffering similar legal battles against the Trump administration.

“I stand before you as a free man, and I want you to remember me this way with my head held up high,” Abrego Garica said in Spanish, through a CASA translator.

“I stand here today with my head held up high, and I will continue to fight and stand firm against all of the injustices this government has done upon me,” Abrego Garcia said. “Regardless of this administration, I believe this is a country of laws, and I believe that this injustice will come to its end. Keep fighting. Do not give up. I wish all of you love and justice. Keep going.”

One of his attorneys, Simon Y. Sandoval-Moshenberg, told reporters and a few dozen protesters outside the field office that the federal judge who ordered Abrego Garcia freed Thursday said Friday that he could not be detained by ICE at his latest check-in.

Based on a temporary restraining order filed by his attorneys, Sandoval-Moshenberg said the judge will schedule a hearing at U.S. District Court in Greenbelt that Abrego Garcia will be able to attend.

“The legal fight is far from over,” Sandoval-Moshenberg said. “I wish I could say that with this, the government is going to leave well enough alone. This man has suffered enough.”

Department of Homeland Security spokesperson Tricia McLaughlin called the judge’s decision to let Abrego Garcia free “naked judicial activism.”

“This order lacks any valid legal basis and we will continue to fight this tooth and nail in the courts,” McLaughlin said in an email Friday morning that repeated her statement from the day before.

Abrego Garcia’s return to the Baltimore ICE office came one day after U.S. District Court of Maryland Judge Paul Xinis ordered the Trump administration to release him from the Moshannon Valley Processing Center in Pennsylvania, where he had been held since September. He was released Thursday evening and spent the night at his home in Beltsville.

Since he was first detained by immigration officials in March and wrongly deported to his home county of El Salvador, Abrego Garcia’s case has shone a spotlight on the Trump administration’s aggressive immigration crackdown.

Abrego Garcia was originally deported to a brutal prison in El Salvador, despite a previous court ruling that prohibited his transfer there because of fear of violence by Salvadoran gangs.

Months later — and months after the U.S. Supreme Court’s April order that the Trump administration “facilitate” Abrego Garcia’s return –he was brought back to the U.S. on June 6, only to face charges of human smuggling in Tennessee. The judge in that case eventually ordered Abrego Garcia released to home detention while his claim of vindictive prosecution in the Tennessee case proceeded.

Xinis, who got involved in the case when Abrego Garcia was first deported, issued a ruling Thurday that was highly critical of the administration’s actions in the case. She found that Abrego Garcia’s latest detention, since his August ICE check-in, was “again without lawful authority,” because the Trump administration has been holding him for deportation but has not made an effort to remove him to a third country.

The government’s “conduct over the past months belie that his detention has been for the basic purpose of effectuating removal, lending further support that Abrego Garcia should be held no longer,” Xinis wrote in her opinion.

Costa Rica has agreed to accept Abrego Garcia as a refugee, but Justice Department lawyers could not give Xinis a clear explanation of why the Trump administration would not send him there. Instead, the administration has proposed deporting Abrego Garcia to several countries in Africa.

Back in Baltimore on Friday morning, dozens of supporters braved the cold to hold up signs, chant and then clap and cheer when Abrego Garcia walked back outside the ICE building a free man, chanting “todos somos Kilmar,” or “we are all Kilmar.”

“It’s definitely a good day, but it is a good day to know that he’ll be able to spend the holidays with his family, “said Baltimore City Councilmember Odette Ramos, who attended the rally.

“He and his family have been so brave to go through all of this and to have their story really symbolize, frankly, what so many others are going through,” she said. “The fight’s not over.”

Maryland Matters is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Maryland Matters maintains editorial independence. Contact Editor Steve Crane for questions: editor@marylandmatters.org.

Kilmar Abrego Garcia speaks to a crowd holding a prayer vigil and rally on his behalf outside the ICE building in Baltimore, Maryland, on Aug. 25, 2025. Lydia Walther Rodriguez with CASA interprets for him. (Photo by William J. Ford/Maryland Matters)

WASHINGTON — The wrongly deported Kilmar Abrego Garcia is no longer in U.S. Immigration and Customs Enforcement custody after a federal judge ordered his release earlier Thursday, according to his attorneys and an immigrant rights group that has advocated his case.

CASA, the immigrant rights group that has supported Abrego Garcia and his family since he was erroneously deported to a brutal Salvadoran prison, told States Newsroom he was released from the Moshannon Valley Processing Center in Pennsylvania before a 5 p.m. Eastern deadline set by the judge. He has remained there since September. 

 However, it remained unclear Thursday night if the Department of Homeland Security will follow the judicial order, and the White House press secretary said the Department of Justice would swiftly appeal the decision.

DHS spokesperson Tricia McLaughlin said in a statement to States Newsroom the “order lacks any valid legal basis and we will continue to fight this tooth and nail in the courts.”

She did not respond to a follow-up question if ICE would follow the order from U.S. District Court of Maryland Judge Paula Xinis to release Abrego Garcia, the Salvadoran immigrant and longtime Maryland resident who cast a spotlight on the Trump administration’s aggressive immigration crackdown after he was wrongly deported.

Abrego Garcia was imprisoned in a brutal prison in El Salvador and returned to the United States to face criminal charges in Tennessee. After he was ordered released from U.S. marshals custody by a federal judge, ICE detained him again at an appointment at the Baltimore, Maryland, ICE field office.

‘Without lawful authority’

Xinis, in a ruling highly critical of the administration’s actions in the case, found that since Abrego Garcia was brought back to the United States, he was detained “again without lawful authority,” because the Trump administration has not made an effort to remove him to a third country, due to his deportation protections from his home country of El Salvador. 

The order comes after Abrego Garcia challenged his ICE detention in a habeas corpus petition. Xinis was mulling a Supreme Court precedent that deemed immigrants cannot be held longer than six months in detention if the federal government is not actively making efforts to remove them.

“Separately, Respondents’ conduct over the past months belie that his detention has been for the basic purpose of effectuating removal, lending further support that Abrego Garcia should be held no longer,” Xinis wrote in her opinion.

Costa Rica has agreed to accept Abrego Garcia as a refugee, but in court, Department of Justice lawyers did not give Xinis a clear explanation of why the Trump administration would not remove him to Costa Rica. Instead, the Trump administration has tried to deport Abrego Garcia to several countries in Africa. 

Prolonged detention found

In her opinion, Xinis said that Abrego Garcia’s release is required under the Supreme Court’s precedent, referred to as the Zadvydas v. Davis case, because his nearly four-month detention at an ICE facility in Pennsylvania had been prolonged. 

“Respondents’ persistent refusal to acknowledge Costa Rica as a viable removal option, their threats to send Abrego Garcia to African countries that never agreed to take him, and their misrepresentation to the Court that Liberia is now the only country available to Abrego Garcia, all reflect that whatever purpose was behind his detention, it was not for the ‘basic purpose’ of timely third-country removal,” Xinis said.

She also noted witness testimony from several ICE officials who were unable to provide any information on efforts to remove Abrego Garcia to a third country where he would not face torture, persecution or deportation to El Salvador.  

“They simply refused to prepare and produce a witness with knowledge to testify in any meaningful way,” she said of the Department of Justice.

While the Trump administration has floated removing Abrego Garcia to Eswatini, Ghana, Liberia and Uganda, the Department of Justice is moving forward with criminal charges lodged against Abrego Garcia that stem from a 2022 traffic stop in Tennessee. 

The judge in that Nashville case is trying to determine if the human smuggling of immigrants charges against Abrego Garcia – to which he has pleaded not guilty – are vindictive. 

Missing order of removal

Another issue Xinis pointed out was the Department of Justice’s inability to produce a final order of removal for Abrego Garica.  

“No such order of removal exists for Abrego Garcia,” she said. “When Abrego Garcia was first wrongly expelled to El Salvador, the Court struggled to understand the legal authority for even seizing him in the first place.”

She also cited the ICE officials’ testimony, which did answer whether a removal order existed. 

“Respondents twice sponsored the testimony of ICE officials whose job it is to effectuate removal orders, and who candidly admitted to having never seen one for Abrego Garcia,” she said. “Respondents have never produced an order of removal despite Abrego Garcia hinging much of his jurisdictional and legal arguments on its non-existence.”

Attorneys for Abrego Garcia have argued if there is no order of removal, there is no basis for his ICE detention.

Abrego Garcia is not challenging his deportation, and has agreed to be removed to Costa Rica, but has remained in ICE detention since August.

William J. Ford contributed to this report.