Federal judge orders hearing on whether DOJ's human‑smuggling prosecution of Kilmar Abrego Garcia is retaliatory

📌 Key Facts

• ICE notified Abrego Garcia’s lawyers that he was transferred to the Moshannon Valley Processing Center in Phillipsburg, Pennsylvania; his attorneys raised federal-court concerns about reported assaults, inadequate medical care and insufficient food at the facility.
• Kilmar Abrego Garcia faces two federal counts — one count of conspiracy to transport aliens and one count of unlawful transportation of undocumented aliens — he pleaded not guilty; he was mistakenly deported to El Salvador in March and returned to the U.S. in June.
• The administration publicly alleged ties between Abrego Garcia and MS‑13 (which he denies); he was not charged with any gang offense in the federal case.
• U.S. District Judge Waverly Crenshaw Jr. found “some evidence” the Department of Justice prosecution may be retaliatory, granted discovery and ordered an evidentiary hearing to determine whether the human‑smuggling charges were brought as illegal retaliation.
• In support of the ruling, Judge Crenshaw cited a Fox News remark by Deputy Attorney General Todd Blanche and noted the timing of events, including DHS reopening an investigation and Abrego Garcia’s return from El Salvador (indicted May 21; charged June 6).
• Defense counsel filed a status update with Judge Crenshaw explaining why a motion about difficulties meeting at the Farmville facility was not promptly filed after the court had instructed counsel to file such a motion on an expedited briefing schedule following filings on Sept. 19 and Sept. 22.
• An immigration judge in Maryland formally declined to reopen Abrego Garcia’s immigration proceedings; DHS says his final order of removal remains in effect and he may appeal the immigration ruling to the Board of Immigration Appeals.

📰 Sources (4)