Homeland Security Secretary Kristi Noem is facing sharp criticism from defense attorneys representing Kilmar Abrego Garcia, who say her recent public comments violated court rules and jeopardized their client’s right to a fair trial.
In a motion filed Tuesday in U.S. District Court for the Middle District of Tennessee, Abrego Garcia’s legal team accused the Trump administration of inflaming public opinion by making “inflammatory and prejudicial” statements. They claim the administration not only mishandled Abrego Garcia’s transfer to El Salvador without due process, but is now attempting to taint the jury pool ahead of his trial in the U.S.
Abrego Garcia was returned to the U.S. from El Salvador’s controversial CECOT prison following months of legal battles. Federal prosecutors have since indicted him on charges related to unlawfully transporting migrants and conspiracy.
But it was Secretary Noem’s July 18 press conference in Tennessee — held near the courthouse where the case is being tried — that triggered the new legal action. During her remarks, Noem referred to Abrego Garcia as a “monster” and leveled a series of disturbing allegations unrelated to his current charges.
“He has a lifetime history of trafficking individuals and taking advantage of minors, soliciting pornography, abusing his wife and other illegals,” Noem said. “He’s a horrible human being… and should never be released free.” She also claimed he worked with MS-13 and was involved in facilitating a gang-related murder.
Defense attorney Sean Hecker argues that Noem’s statements blatantly disregarded the presumption of innocence and introduced uncharged allegations that are irrelevant to the case at hand.
“Secretary Noem assailed Mr. Abrego’s character with inflammatory and likely inadmissible claims,” Hecker wrote. “She presumed guilt, ignored the judicial process, and declared he should ‘never be released.’ These remarks were calculated to maximize prejudice and risk poisoning the jury pool.”
The motion urges the court to order the government to retract Noem’s remarks and issue clear guidance reminding officials — including those at DHS — of their obligation to comply with the court’s rules on extrajudicial statements.
Judge Waverly D. Crenshaw had previously issued an order on July 3 instructing both the defense and government — including all associated personnel — to avoid making public comments that could influence the case. Despite two formal requests from Abrego Garcia’s legal team for that directive to be distributed within DHS, they say the administration never confirmed compliance.
“In light of Secretary Noem’s press conference, we respectfully request that the Court reassert that Local Criminal Rule 2.01 applies to DHS and its supervisory chain,” the filing states.
The defense’s request underscores growing concerns that public rhetoric from high-ranking officials could undermine the fairness of judicial proceedings — especially in high-profile immigration cases under President Donald Trump’s renewed enforcement policies.
