At a Glance
- Judge Paula Xinis orders ICE not to re-detain Salvadoran immigrant Kilmar Abrego Garcia.
- A newly unsealed DOJ order shows the department pushed for his indictment after a mistaken deportation.
- A hearing on the case’s alleged vindictive prosecution is set for Jan. 28.
- Why it matters: The ruling could curb perceived political targeting in immigration enforcement.
Kilmar Abrego Garcia, a Salvadoran citizen, has been fighting to stay in the U.S. after a wrongful deportation that led to his imprisonment in his home country. A federal judge has now barred U.S. immigration officials from detaining him again, citing concerns over vindictive prosecution.
Judge’s Order and ICE Response
Judge Paula Xinis issued a December 11 order that barred ICE from re-detaining Abrego Garcia.
Liana J. Castano wrote in the filing:
> “Immigration and Customs Enforcement did make clear they would detain Abrego Garcia if the order was lifted.”
ICE has stated it would detain him only if the order were lifted.
Evidence of Vindictive Prosecution
An unsealed December 3 order from Judge Waverly Crenshaw revealed that high-level DOJ officials pushed for Abrego Garcia’s indictment as a “top priority” after the mistaken deportation.
U.S. Attorney’s Office for the Middle District of Tennessee released a statement:
> “The emails cited in Judge Crenshaw’s order, specifically Mr. McGuire’s email on May 15, 2025, confirm that the ultimate decision on whether to prosecute was made by career prosecutors based on the facts, evidence, and established DOJ practice.”
Key communications included:
- A May 15 email from McGuire to staff mentioning Blanche’s desire to charge sooner.
- An April 27 email from Aakash Singh to McGuire after receiving the case file.
- A May 18 email from Singh urging a hold on the draft indictment until “clearance” was obtained.
| Date | Event |
|---|---|
| Dec. 11 | Judge Xinis orders ICE not to re-detain Abrego Garcia |
| Dec. 3 | Judge Crenshaw orders DOJ to provide documents |
| Apr. 10 | Supreme Court ruling in Abrego Garcia’s favor |
| Apr. 27 | Singh contacts McGuire about the case |
| May 18 | Singh requests clearance before filing indictment |
Next Steps and Hearing
Abrego Garcia has pleaded not guilty to human smuggling charges and seeks dismissal on grounds of vindictive prosecution. A hearing on the dismissal is scheduled for Jan. 28.
Key Takeaways
- Judge Xinis’s order protects Abrego Garcia from ICE detention.
- DOJ’s push for indictment came after a mistaken deportation, raising concerns of vindictive action.
- A Jan. 28 hearing will decide whether the prosecution can be dismissed.
The case underscores the tension between immigration enforcement and judicial oversight, with implications for how immigration officials handle potential political targeting.
