Latest news with #humansmuggling
CNN
31-07-2025
- Politics
- CNN
Judge in Abrego Garcia case tells Trump administration to moderate public comments to ensure a fair trial
The federal judge in Tennessee overseeing Kilmar Abrego Garcia's criminal case told the Trump administration on Thursday that officials must moderate their public comments about him to ensure he received a fair trial. The order from US District Judge Waverly Crenshaw comes a week after attorneys for Abrego Garcia, who was mistakenly deported to El Salvador earlier this year and brought back to the US in June to face human smuggling charges, complained to the judge about 'inflammatory' comments Homeland Security Secretary Kristi Noem and others made about him earlier this month. 'To ensure that Abrego receives a fair trial, all counsel are subject to' rules prohibiting extrajudicial statements that could interfere with a criminal defendant having a fair trial, Crenshaw, an appointee of former President Barack Obama, wrote in the brief order. 'All counsel and those working with counsel shall ensure that any proper public communications include that the Indictment only contains allegations,' the judge added. 'Our Constitution requires that Abrego is presumed innocent unless and until proven guilty beyond a reasonable doubt by a jury.' Earlier this month, as Crenshaw was considering whether to let Abrego Garcia remain free while his case unfolds, Noem attacked Abrego Garcia during a press conference in Nashville. She referred to him as a 'monster' and made other disparaging remarks about him. 'I hope this judge does the right thing and brings this man to justice for the crimes that he has committed, and this judge needs to apply the law equally to every single person that shows up in his courtroom,' Noem said at the time. Abrego Garcia's attorneys said those comments and others from a spokeswoman for the department had the potential 'to taint the jury pool' and put Abrego Garcia and his family in danger. 'The Court's intervention is required to protect Mr. Abrego's right to a fair trial, his safety, and the integrity of these proceedings,' the lawyers wrote in court filings. Crenshaw and a federal magistrate judge in Tennessee have concluded that prosecutors have not put forward enough evidence to support their request that Abrego Garcia remain behind bars while his trial unfolds. But he'll remain in criminal custody for several more weeks after the magistrate judge agreed to an unopposed request from his lawyers that was meant to ensure he wouldn't be hastily deported again.
CNN
31-07-2025
- Politics
- CNN
Judge in Abrego Garcia case tells Trump administration to moderate public comments to ensure a fair trial
The federal judge in Tennessee overseeing Kilmar Abrego Garcia's criminal case told the Trump administration on Thursday that officials must moderate their public comments about him to ensure he received a fair trial. The order from US District Judge Waverly Crenshaw comes a week after attorneys for Abrego Garcia, who was mistakenly deported to El Salvador earlier this year and brought back to the US in June to face human smuggling charges, complained to the judge about 'inflammatory' comments Homeland Security Secretary Kristi Noem and others made about him earlier this month. 'To ensure that Abrego receives a fair trial, all counsel are subject to' rules prohibiting extrajudicial statements that could interfere with a criminal defendant having a fair trial, Crenshaw, an appointee of former President Barack Obama, wrote in the brief order. 'All counsel and those working with counsel shall ensure that any proper public communications include that the Indictment only contains allegations,' the judge added. 'Our Constitution requires that Abrego is presumed innocent unless and until proven guilty beyond a reasonable doubt by a jury.' Earlier this month, as Crenshaw was considering whether to let Abrego Garcia remain free while his case unfolds, Noem attacked Abrego Garcia during a press conference in Nashville. She referred to him as a 'monster' and made other disparaging remarks about him. 'I hope this judge does the right thing and brings this man to justice for the crimes that he has committed, and this judge needs to apply the law equally to every single person that shows up in his courtroom,' Noem said at the time. Abrego Garcia's attorneys said those comments and others from a spokeswoman for the department had the potential 'to taint the jury pool' and put Abrego Garcia and his family in danger. 'The Court's intervention is required to protect Mr. Abrego's right to a fair trial, his safety, and the integrity of these proceedings,' the lawyers wrote in court filings. Crenshaw and a federal magistrate judge in Tennessee have concluded that prosecutors have not put forward enough evidence to support their request that Abrego Garcia remain behind bars while his trial unfolds. But he'll remain in criminal custody for several more weeks after the magistrate judge agreed to an unopposed request from his lawyers that was meant to ensure he wouldn't be hastily deported again.
The Guardian
08-07-2025
- Politics
- The Guardian
Ábrego García will be deported again if released from jail before trial, says DoJ attorney
The US government would initiate deportation proceedings against Kilmar Ábrego García if he's released from jail before he stands trial on human smuggling charges in Tennessee, a justice department attorney told a federal judge in Maryland on Monday. The disclosure by US lawyer Jonathan Guynn contradicts statements by spokespeople for the justice department and the White House, who said last month that Ábrego García would stand trial and possibly spend time in an American prison before the government moves to deport him. Guynn made the revelation during a federal court hearing in Maryland, where Ábrego García's wife, a US citizen, is suing the Trump administration over his mistaken deportation in March and trying to prevent him from being expelled again. Guynn said US Immigrations and Customs Enforcement would detain Ábrego García once he's released from jail and send him to a 'third country' that isn't his native El Salvador. However, Guynn said he didn't know which country that would be. Paula Xinis, a US district judge, said trying to determine what will happen to Ábrego García has been 'like trying to nail Jello to a wall'. She scheduled a hearing for Thursday for US officials to explain possible next steps if Ábrego García is released. Ábrego García's case became a flashpoint over Donald Trump's immigration policies when he was deported in March to a notorious mega prison in his native El Salvador. The Trump administration claimed he was in the MS-13 gang, although Ábrego García was never charged with a crime and has repeatedly denied the allegation. In recent court filings, Ábrego García's lawyers wrote that he had been tortured while being held at the so-called Terrorism Confinement Center (Cecot) in El Salvador. He and 20 other men 'were forced to kneel from approximately 9:00 PM to 6:00 AM' according to the filing, and Ábrego García was beaten and threatened. When the Trump administration deported Ábrego García, it violated a US immigration judge's order in 2019 that shielded him from being sent to his native country. The judge had determined that Ábrego García likely faced persecution by local gangs that had terrorized him and his family and prompted him to flee to the US. For months, the Trump administration said that it had no ability to bring back Ábrego García or any of the more than 200 men that the government had sent to Cecot. 'DHS does not have authority to forcibly extract an alien from the domestic custody of a foreign sovereign nation,' the Department of Homeland Security's general counsel said in one court filing. However, in a new filing Monday, officials from El Salvador told the United Nations 'the jurisdiction and legal responsibility' for the men that the US deported to Cecot – most of whom were Venezuelan nationals with no ties to El Salvador, and no criminal records – lies 'exclusively with' the US. Facing increasing pressure and a supreme court order, the Trump administration returned Ábrego García to the US last month to face federal human smuggling charges. The charges stem from a 2022 traffic stop for speeding in Tennessee, during which Ábrego García was driving a vehicle with nine passengers without luggage. Ábrego García has pleaded not guilty. His lawyers told a judge that some government witnesses cooperated to get favors regarding their immigration status or criminal charges they were facing. They've also accused the Trump administration of bringing Ábrego García back 'to convict him in the court of public opinion' with the intention of deporting him before he can defend himself at trial. A federal judge in Nashville was preparing to release Ábrego García, determining he's not a flight risk or a danger. But she agreed to keep Ábrego García behind bars at the request of his own attorneys, who raised concerns the US would try to immediately deport him. In court documents, Ábrego García's lawyers cited 'contradictory statements' by the Trump administration. For example, Guynn told Xinis on 26 June that Ice planned to deport Ábrego García, though he didn't say when. Later that day, justice department spokesperson Chad Gilmartin told the Associated Press that it intends to try Ábrego García on the smuggling charges before it moves to deport him. Abigail Jackson, a White House spokesperson, posted on X that day that Ábrego García 'will face the full force of the American justice system – including serving time in American prison for the crimes he's committed'. Ábrego García's attorneys asked Xinis to order the government to take him to Maryland upon his release from jail, an arrangement that would prevent his deportation before trial. Ábrego García lived in Maryland for more than a decade, working in construction and raising a family. Xinis is still considering that request. Guynn told the judge on Monday that she doesn't have the jurisdiction to decide where Ábrego García would be detained. Xinis responded by asking why she couldn't order an 'interim step' to ensure that Ábrego García isn't 'spirited away again'. Andrew Rossman, an attorney for Ábrego García, said he should be given notice and an opportunity to challenge his removal in court. 'That's the baseline of what we're asking for,' he added. Meanwhile, Xinis denied the Trump administration's motion to dismiss the lawsuit over Ábrego García's mistaken deportation. The government had argued the litigation was moot because it returned him to the US. Xinis said 'the controversy' isn't over simply because he's back. Maanvi Singh contributed reporting
Yahoo
07-07-2025
- Politics
- Yahoo
US will try to deport Abrego Garcia before his trial, Justice Department attorney says
GREENBELT, Md. (AP) — The U.S. government would initiate deportation proceedings against Kilmar Abrego Garcia if he's released from jail before he stands trial on human smuggling charges in Tennessee, a Justice Department attorney told a federal judge in Maryland on Monday. The disclosure by U.S. lawyer Jonathan Guynn contradicts statements by spokespeople for the Justice Department and the White House, who said last month that Abrego Garcia would stand trial and possibly spend time in an American prison before the government moves to deport him. Guynn made the revelation during a federal court hearing in Maryland, where Abrego Garcia's American wife is suing the Trump administration over his mistaken deportation in March and trying to prevent him from being expelled again. Guynn said U.S. Immigrations and Customs Enforcement would detain Abrego Garcia once he's released from jail and send him to a 'third country' that isn't his native El Salvador. However, Guynn said he didn't know which country that would be. U.S. District Judge Paula Xinis said trying to determine what will happen to Abrego Garcia has been 'like trying to nail Jello to a wall." She scheduled a hearing for Thursday for U.S. officials to explain possible next steps if Abrego Garcia is released. Abrego Garcia became a flashpoint over President Donald Trump's immigration policies when he was deported in March to a notorious megaprison in his native El Salvador. The Trump administration claimed he was in the MS-13 gang, although Abrego Garcia was never charged with a crime and has repeatedly denied the allegation. When the Trump administration deported Abrego Garcia, it violated a U.S. immigration judge's order in 2019 that shielded him from being sent to his native country. The judge had determined that Abrego Garcia likely faced persecution by local gangs that had terrorized him and his family and prompted him to flee to the U.S. Facing increasing pressure and a Supreme Court order, the Trump administration returned Abrego Garcia to the U.S. last month to face federal human smuggling charges. The charges stem from a 2022 traffic stop for speeding in Tennessee, during which Abrego Garcia was driving a vehicle with nine passengers without luggage. Abrego Garcia has pleaded not guilty. His lawyers told a judge that some government witnesses cooperated to get favors regarding their immigration status or criminal charges they were facing. They've also accused the Trump administration of bringing Abrego Garcia back 'to convict him in the court of public opinion' with the intention of deporting him before he can defend himself at trial. A federal judge in Nashville was preparing to release Abrego Garcia, determining he's not a flight risk or a danger. But she agreed to keep Abrego Garcia behind bars at the request of his own attorneys, who raised concerns the U.S. would try to immediately deport him. In court documents, Abrego Garcia's lawyers cited 'contradictory statements' by the Trump administration. For example, Guynn told Xinis on June 26 that ICE planned to deport Abrego Garcia, though he didn't say when. Later that day, DOJ spokesperson Chad Gilmartin told The Associated Press that the Justice Department intends to try Abrego Garcia on the smuggling charges before it moves to deport him. White House spokesperson Abigail Jackson posted on X that day that Abrego Garcia "will face the full force of the American justice system — including serving time in American prison for the crimes he's committed.' Abrego Garcia's attorneys asked Xinis to order the government to take him to Maryland upon his release from jail, an arrangement that would prevent his deportation before trial. Abrego Garcia lived in Maryland for more than a decade, working construction and raising a family. Xinis is still considering that request. Guynn told the judge on Monday that she doesn't have the jurisdiction to decide where Abrego Garcia would be detained. Xinis responded by asking why she couldn't order an 'interim step' to ensure that Abrego Garcia isn't 'spirited away again.' Anrew Rossman, an attorney for Abrego Garcia, said he should be given notice and an opportunity to challenge his removal in court. 'That's the baseline of what we're asking for,' he added. Meanwhile, Xinis denied the Trump administration's motion to dismiss the lawsuit over Abrego Garcia's mistaken deportation. The government had argued the litigation was moot because it returned him to the U.S. Xinis said 'the controversy' isn't over simply because he's back. ___ This has been corrected to show that Jonathan Guynn is a civil division attorney with the Department of Justice, not a prosecutor. ___ Finley reported from Norfolk, Virginia.
Washington Post
07-07-2025
- Politics
- Washington Post
US will try to deport Abrego Garcia before his trial, Justice Department attorney says
GREENBELT, Md. — The U.S. government would initiate deportation proceedings against Kilmar Abrego Garcia if he's released from jail before he stands trial on human smuggling charges in Tennessee, a Justice Department attorney told a federal judge in Maryland on Monday. The disclosure by U.S. lawyer Jonathan Guynn contradicts statements by spokespeople for the Justice Department and the White House , who said last month that Abrego Garcia would stand trial and possibly spend time in an American prison before the government moves to deport him.
