U.S. Attorneys Defend Prosecution of Kilmar Abrego Garcia

Justice Department must convince judge prosecution not retaliation for fighting deportation

Published on Feb. 26, 2026

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On Thursday, the Justice Department must convince a judge that it didn't prosecute Kilmar Abrego Garcia, an undocumented immigrant married to an American citizen, as retaliation for fighting his deportation. Federal prosecutors secured an indictment against Abrego Garcia in 2025 for human trafficking from a 2022 traffic stop in Tennessee, but his lawyers argue the prosecution is in retaliation for challenging his previous deportation to El Salvador.

Why it matters

This case raises questions about the Justice Department's motivations in prosecuting undocumented immigrants, particularly those who have challenged deportation orders. It also highlights the ongoing tensions between the executive branch and the judiciary over immigration enforcement.

The details

Assistant U.S. Attorney Robert McGuire secured an indictment against Abrego Garcia in 2025 for human trafficking from a 2022 traffic stop in Tennessee, where Abrego Garcia had nine passengers in his vehicle but was not arrested or given a ticket. The government alleges he was part of a human smuggling conspiracy, but only after he was mistakenly deported to El Salvador in April 2025 and then returned in May after court rulings. Abrego Garcia's lawyers argue the prosecution is retaliation for him challenging his deportation, and U.S. District Judge Waverly D. Crenshaw has signaled he may agree with that claim.

  • In April 2025, Abrego Garcia was mistakenly deported to El Salvador.
  • In May 2025, Abrego Garcia was returned to the U.S. after court rulings.
  • In 2025, Assistant U.S. Attorney Robert McGuire secured an indictment against Abrego Garcia for human trafficking from a 2022 traffic stop.

The players

Kilmar Abrego Garcia

An undocumented immigrant married to an American citizen who is facing prosecution for human trafficking.

Robert McGuire

An Assistant U.S. Attorney based in Nashville who secured the indictment against Abrego Garcia.

Waverly D. Crenshaw

The U.S. District Judge presiding over the case who has signaled he may agree with Abrego Garcia's lawyers that the prosecution is retaliation.

Todd Blanche

The Deputy Attorney General who made comments about the Justice Department's investigation into the traffic stop after Abrego Garcia was returned to the U.S.

Aakash Singh

The Associate Deputy Attorney General who told McGuire that prosecuting Abrego Garcia should be considered a "top priority".

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What they’re saying

“What should we do as the Department of Justice when a judge is accusing us of doing something wrong? We have an obligation ... to investigate it, and that's exactly what we did.”

— Todd Blanche, Deputy Attorney General (The Washington Post)

“The only 'independent' decision Mr. McGuire made was whether to acquiesce in [the Office of the Deputy Attorney General's] directive to charge this case, or risk forfeiting his job as Acting U.S. Attorney -- and perhaps his employment with the Department of Justice -- for refusing to do the political bidding of an Executive Branch that is avowedly using prosecutorial power for 'score settling'.”

— Sean Hecker, Abrego Garcia's attorney (The Washington Post)

What’s next

On Thursday, Assistant U.S. Attorney Robert McGuire and two agents from the Department of Homeland Security are expected to testify in court. Abrego Garcia's attorneys have tried to subpoena Deputy Attorney General Todd Blanche and Associate Deputy Attorney General Aakash Singh, but the judge has said their testimony isn't necessary.

The takeaway

This case highlights the ongoing tensions between the Justice Department and the judiciary over the prosecution of undocumented immigrants, particularly those who have challenged deportation orders. It raises questions about the motivations behind such prosecutions and the potential for abuse of prosecutorial power.