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Trump Won’t Stop Trying to Punish Kilmar Abrego Garcia

A federal judge must decide whether Abrego is the target of a “vindictive prosecution” by the Trump administration.

Almost a year after Kilmar Abrego Garcia was first targeted by the U.S. government as part of its violent mass deportation campaign, the Trump administration is still not done punishing him.

The 30-year-old father of three became an emblem of Trump’s cruelty and lawlessness after being abducted and sent to CECOT, the notorious Salvadoran torture prison where hundreds of people were incarcerated last year at the behest of the White House. After conceding that Abrego had been expelled in “error” — violating a court order barring Abrego’s deportation to his country of origin — the Trump administration nonetheless refused to bring Abrego back to the U.S., smearing him as a terrorist and leaving him to endure months of violence, deprivation, and psychological torture.

Abrego was finally returned last June. But his arrival only marked a surreal new chapter in his ordeal. Rather than bring him back to Maryland, where he lived with his wife and young children, he was jailed in Tennessee, as federal prosecutors devised a dubious new case against him. Before he’d even landed on U.S. soil, Abrego was indicted on sweeping criminal charges for allegedly smuggling gang members across state lines over the course of a decade.

Abrego, who has pleaded not guilty, was supposed to go to trial in January at the U.S. District Court for the Middle District of Tennessee. But late last year, U.S. District Judge Waverly Crenshaw canceled the trial date, instead scheduling an evidentiary hearing on a pending question before the court: whether Abrego is the target of a “selective and vindictive prosecution” by the Trump administration.

The hearing, set for Thursday morning at the federal courthouse in Nashville, will ultimately determine whether the criminal case against Abrego moves forward. If Crenshaw concludes that Abrego was indeed the target of a revenge campaign, he could dismiss the case altogether.

As a legal and historical matter, this would be a big deal — and a major defeat for federal prosecutors. But it would also fall far short of accountability for those who have dedicated themselves to ruining Abrego’s life. Nor does it stand to impact the countless others whose lives have been destroyed by Trump’s lawless mass deportations. Abrego’s case, which so shocked the American public in the early days of the president’s term, was a harbinger of things to come. “We really thought this was going to be one of a kind,” one of his immigration lawyers recently told NPR. “If anything, it was just the tip of the spear.”

The Evidence Linking Kilmar Abrego Garcia to MS-13: A Chicago Bulls Hat and a Hoodie

Abrego was released from jail last year and spent the holidays with his family. While not currently incarcerated, he remains under federal supervision and still faces deportation. He entered the country illegally as a teenager to escape gang violence in El Salvador, was given “withholding from removal” status by an immigration judge in 2019, which allowed him to live and work in the U.S. while checking in once a year with ICE. But the Trump administration dismantled such protections, arresting Abrego in March 2025. While his criminal case has placed his removal on hold, the federal government has gone to extreme lengths to make his eventual deportation a punishment unto itself, scheming to send him to a third country in Africa rather than Latin America.

Abrego’s prosecution is also a potent example of Trump’s eagerness to weaponize the Justice Department against those who cross him. In the year since Abrego was sent to CECOT, the DOJ — whose headquarters now feature a large banner of Trump’s face — has dropped any pretense of independence. One associate deputy attorney general who was apparently instrumental to Abrego’s prosecution reportedly told U.S. attorneys last month that Trump is their “chief client.”

This makes Abrego’s upcoming hearing a new test of the courts. Crenshaw, who was nominated to the federal bench by President Barack Obama in 2015, has already put himself in the crosshairs by considering Abrego’s rare vindictive prosecution challenge. The hearing comes at a moment when federal judges are increasingly vocal about the threat posed by the Trump regime, while the president and his backers increasingly villainize the judges who stand in their way.

On the surface, the question of whether Abrego is the target of a “vindictive prosecution” is no mystery. The government’s brazen retribution campaign has been publicized at every turn.

To recap: After Trump invoked the centuries-old Alien Enemies Act to declare an “invasion” of gang members in mid-March 2025, exiling hundreds of mostly Venezuelan men to CECOT, Abrego appeared in a photo taken at the prison, released by the Salvadoran government. The overhead image showed two rows of men kneeling on the ground with their hands behind their shaved heads. His wife recognized Abrego from his tattoos.

On March 24, 2025, Abrego sued for his release. Less than two weeks later, a federal judge in Maryland ordered the government to “facilitate” Abrego’s return — and the Supreme Court upheld her order. Rather than complying, Trump held a backslapping Oval Office meeting with El Salvador’s president, Nayib Bukele, where U.S.........

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