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kilmer abrego garcia He wants a federal judge to punish Donald Trump’s administration after top officials repeatedly branded him a gang member and wife beater, as well as making other “highly prejudicial, inflammatory and false statements” about a wrongfully deported Salvadoran immigrant, according to his lawyers.
A judge issued A Gag Order in October It bars authorities from making “any extrajudicial statements” that could compromise a fair trial against Abrego García, who is fighting criminal charges in one court while seeking protection against his deportation in another.
Greg Bovino, top Border Patrol officer For Trump’s mass deportation campaignhas since labeled him an “MS-13 gang member”, a “wife beater” and an “alien smuggler”, while also calling the judge overseeing a criminal case against him an “activist” and an “extremist” during appearances on Fox News and Newsmax this month.
His statements come after a flurry of attacks against Abrego Garcia, who is fighting to remain in the country with his wife and U.S. citizen children after being released from Immigration and Customs Enforcement custody in one case. A lightning rod in Trump’s anti-immigration agenda.
His lawyers are back in court on Monday to argue against the government’s efforts to send him back to ICE custody after his freedom days before Christmas.
Abrego Garcia was deported by mistake A cruel prison in my country In March government officials acknowledged it was due to an “error” and several federal judges and a unanimous Supreme Court ordered the Trump administration to “facilitate” his return after his “illegal” arrest.
But the government spent weeks battling court orders for his return while authorities launched a series of attacks against him and declared he would never set foot in the country again.
Then he was suddenly returned in June to face charges that he had illegally relocated other immigrants across the country. He has pleaded not guilty.
ICE quickly took him back into custody after a judge allowed him to stay out of jail pending trial in his criminal case.
Top Justice Department officials — including Deputy Attorney General Todd Blanch — personally oversaw the decision to criminally charge Abrego Garcia, according to a sealed court document that was accidentally revealed in an unpublished filing over the weekend.
Blanch’s deputy, Associate Deputy Attorney General Akash Singh, “played a leading role in the government’s decision to prosecute,” Abreo Garcia’s lawyers wrote, citing an order from Tennessee District Judge Waverly Crenshaw.
Authorities have tried to deport him since his release from ICE custody in August At least six different countries, including the African countries of Eswatini, Ghana, Liberia and Uganda.
But authorities have made no effort to deport him to the country he has agreed to go to: Costa Rica.
Maryland District Judge Paula Zinis, who is overseeing his immigration case, has accused the administration of misleading the court by falsely suggesting that Costa Rica was unwilling to take him, despite the fact that the country’s offer of residence and refugee status to him “has always been firm, unwavering, and unconditional.”
Meanwhile, Bovino and other administration officials have insisted that Abrego García will be deported from the country, whether or not he is tried in a court of law on the charges brought against him.
Bovino told Fox News host Jesse Waters on December 12, “It’s too bad that we have these activist judges who make laws from the bench and put MS-13 gang members back on the streets to harm Americans.”
Two days later, Bovino told Newsmax: “We have an MS-13 gang member roaming the streets. As you said, a wife beater, but let’s not forget, he was also an alien smuggler. So here’s someone who wants immigration relief, he wants to get away from the United States, and thinks it’s OK to do that.”
He said Abrego García “needs to be deported now.”
“When you have extremist judges or judges who make laws from the bench, that’s what you get,” he said.
Abrego García’s lawyers have called the statements a “flagrant” violation of the court’s gag order, arguing that “sanctions and other case-related relief are necessary.”
His lawyers also said that government lawyers did not respond to requests to withdraw the statement.
Separately, Abrego García has called on the judge overseeing the criminal case to drop the charges against him, citing vindictive and selective prosecution after being “singled out by the United States government.”
“Rather correct your mistake and come back.” [him] For the United States, the government fought at every level of the federal court system,” the lawyers wrote in a court filing. “And at every level, [he] won. This case is the result of a concerted effort by the government to punish those who had the audacity to fight back rather than accept brutal injustice.
In a filing last week, government lawyers argued that, with or without a final order to remove him, they want the judge’s permission to legally detain him again — so they can deport him a second time.
Independent Homeland Security has been requested to comment.