Abrego García Requests Gag Order Against Pam Bondi, Kristi Noem to 'Safeguard His Right to a Fair Trial'

Attorneys for Kilmar Abrego Garcia asked a federal judge on Thursday to bar Homeland Security Secretary Kristi Noem and Attorney General Pam Bondi from making public comments about their client, arguing that remarks by senior Trump administration officials are prejudicing his ongoing case.

In a 15-page motion filed in the U.S. District Court for the Middle District of Tennessee, Abrego Garcia's legal team said officials have engaged in "highly prejudicial, inflammatory and false statements," including allegations that he is tied to the MS-13 gang, a claim he denies.

"To safeguard his right to a fair trial, Mr. Abrego respectfully renews his earlier requests that the Court order that all DOJ and DHS officials involved in this case, and all officials in their supervisory chain, including" Bondi and Noem, "refrain from making extrajudicial comments that pose a substantial likelihood of materially prejudicing this proceeding," the attorneys said in the motion to U.S. District Judge Waverly Crenshaw, reported by The Hill.

The request follows a string of public comments by administration officials about Abrego Garcia. On Monday, Noem described him on social media as "an MS-13 gang member, human trafficker, serial domestic abuser, and child predator," while on Friday a DHS official told The Hill: "Once again, the media is falling all over themselves to defend this criminal illegal MS-13 gang member who is an alleged human trafficker, domestic abuser, and child predator."

Abrego Garcia, a longtime Maryland resident, was deported to El Salvador in March despite a 2019 immigration court order protecting him from removal to that country. He was returned to the U.S. after a Supreme Court order but now faces federal human smuggling charges stemming from a 2022 traffic stop in Tennessee. He has pleaded not guilty and rejected a plea deal that would have sent him to Costa Rica, where authorities said he would not be detained.

After his release from prison earlier this week, Immigration and Customs Enforcement arrested him in Baltimore and said he would be deported to Uganda. U.S. District Judge Paula Xinis has blocked any removal until an October 6 evidentiary hearing, ruling that the administration is "absolutely forbidden" from transferring him before due process questions are resolved.

The case took another turn on Wednesday as Abrego Garcia's attorneys disclosed that he has filed a new asylum application in Maryland immigration court, his second after a 2019 denial. If granted, it could lead to permanent residency and a path to citizenship. His lawyers say he fears persecution both in El Salvador, where he was previously imprisoned, and in Uganda, where he claims he would face torture.