Abrego Garcia wins request over retaliation allegations

A federal judge has concluded that the Department of Justice’s prosecution of Kilmar Abrego Garcia on human smuggling charges may be an illegal retaliation after he successfully sued the Trump administration over his deportation to El Salvador.

- By Marc Levy

STEPHANIE SCARBROUGH Associated Press A JUDGE concluded that the prosecution of Kilmar Abrego Garcia could amount to illegal retaliation.

The case of Abrego Garcia, a Salvadoran national who was a construction worker living legally in Maryland when he was wrongly deported to his home country, has become a proxy for the partisan struggle over President Trump's sweeping immigration crackdown and mass deportation agenda.

U.S. District Judge Waverly Crenshaw late Friday granted a request by lawyers for Abrego Garcia and ordered discovery and an evidentiary hearing in Abrego Garcia’s effort to show that the federal human smuggling case against him in Tennessee is illegally retaliatory.

Crenshaw said Abrego Garcia had shown that there is “some evidence that the prosecution against him may be vindictive.” That evidence included statements by various Trump administration officials and the timeline of the charges being filed.

The departments of Justice and Homeland Security did not immediately respond to inquiries about the case Saturday.