Attorneys for MS-13-linked illegal immigrant Kilmar Abrego Garcia seek gag order from federal government

Lawyers for Kilmar Abrego Garcia have asked a federal judge to impose a gag order on Trump administration officials, arguing that public comments by top officials could interfere with his right to a fair trial.

On Thursday, US District Judge Waverly Crenshaw in Tennessee received the request, which follows renewed scrutiny of Abrego Garcia’s case after he was released from criminal custody pending trial, then subsequently re-detained by immigration authorities.

His attorneys cited remarks from Homeland Security Secretary Kristi Noem, Attorney General Pam Bondi, and posts from the Department of Homeland Security’s official X. They argue these statements have represented a “substantial likelihood of materially prejudicing” his trial.

“This past Friday, Mr. Abrego’s release from pretrial detention reignited the efforts of officials across the Executive Branch – and particularly at DHS – to besmirch both Mr. Abrego and the courts in a campaign to try this case in the court of public opinion,” his lawyers wrote in the filing, according to CNN.

Last month, Judge Crenshaw issued an order reminding counsel and those involved in the case to avoid extrajudicial statements that could interfere with a fair trial. Abrego Garcia’s attorneys argued that the recent public remarks violate that directive. Additionally, they pointed to comments made recently by Trump border Czar Tom Homan, who appeared on Fox News and called Abrego Garcia “a gang member, terrorist, wife beater, pedophile, human trafficker, (and) alien smuggler.”

Noem added to the criticism this week in a post on X, writing, “The American people are safer without this MS-13 gangbanger in our country roaming freely on our streets. No more. Good riddance.”

“Regrettably, the previous efforts of both the court and the defense have not worked. They have not stemmed the tide of inflammatory extrajudicial statements from government officials,” his lawyers added. “Further intervention from the Court is necessary to protect Mr. Abrego’s right to a fair trial and the integrity of these proceedings.”

Abrego Garcia, an El Salvadoran national, is facing human smuggling charges. He was deported to El Salvador in March, in what the government acknowledged initially was an administrative error. However, the government defended his deportation, noting that he has ties to the violent MS-13 gang. Despite this, many media outlets have portrayed him as a "Maryland father" wrongfully deported.

The Department of Justice returned him to the US in June, where he was indicted on two counts of conspiring to transport illegal immigrants.

A separate civil case in Maryland has barred the government from deporting him until at least October.