A newly unsealed court order reveals that the U.S. Department of Justice prioritized the prosecution of Kilmar Abrego Garcia following a mistaken deportation. The order, issued by U.S. District Judge Waverly Crenshaw, indicates that the push for Garcia’s indictment was labeled a “top priority” only after he was wrongfully deported and subsequently ordered back to the United States.
Garcia has pleaded not guilty to charges of human smuggling in federal court in Nashville, Tennessee. He contends that the prosecution is motivated by vindictiveness, suggesting that the actions taken by the administration of former President Donald Trump were intended to punish him for the significant embarrassment surrounding his deportation.
The court order, filed under seal on December 3, 2025, required the government to provide documents related to the decision to prosecute Garcia for an incident that occurred nearly three years prior. This order was made public on Tuesday, offering new insights into the case.
In a previous ruling, Judge Crenshaw noted there was “some evidence” suggesting that the prosecution could be vindictive. He referred to a statement made by Deputy Attorney General Todd Blanche during a Fox News segment, which implied that Garcia was charged following his victory in a wrongful deportation case.
Despite these claims, Rob McGuire, who served as the Acting U.S. Attorney for the Middle District of Tennessee until late December, insisted that his decision to prosecute Garcia was independent and devoid of any personal bias. He characterized the statements from Blanche as irrelevant to the case at hand.
Garcia’s legal team has requested further documentation from the government to reinforce their argument of prosecutorial vindictiveness. As the case unfolds, the implications of the Justice Department’s actions continue to draw scrutiny, raising questions about the motivations behind the charges against Garcia.
