Judge to hear arguments over whether Kilmar Abrego Garcia is being vindictively prosecuted
Kilmar Abrego Garcia (R) and his wife Jennifer Vasquez Sura (L) attend a prayer vigil before he enters a U.S. Immigration and Customs Enforcement (ICE) field office on August 25, 2025 in Baltimore, Maryland. (Anna Moneymaker/Getty Images)
(NEW YORK) — A federal judge in Tennessee will hear arguments Thursday over whether the government is being vindictive in pursuing a human smuggling case against Kilmar Abrego Garcia.
The hearing comes after the judge, Waverly Crenshaw Jr., canceled the trial in the case in December and wrote in a court order that there was enough evidence to hold a hearing on the question of vindictive prosecution.
The government is currently blocked from deporting Abrego Garcia, who was released from immigration detention in December. In a separate case last week, a federal judge ruled that Immigration and Customs Enforcement cannot re-detain him because his 90-day detention period had expired and the government lacked a viable plan for his deportation.
The Salvadoran native, who had been living in Maryland with his wife and children, was deported in March to El Salvador’s CECOT mega-prison — despite a 2019 court order barring his deportation to that country due to fear of persecution. The Trump administration claimed he was a member of the criminal gang MS-13, which he and his attorneys deny.
He was brought back to the U.S. in June to face human smuggling charges in Tennessee, to which he pleaded not guilty.
After being released into the custody of his brother in Maryland pending trial, he was again detained by immigration authorities before being released in December.
Person holding Powerball ticket ((Photo by John Carl D’Annibale/Albany Times Union via Getty Images)
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Donna Massey, the mother of shooting victim Sonya Massey, is comforted during a press conference at New Mount Pilgrim Church on July 30, 2024 in Chicago, Illinois. Scott Olson/Getty Images
(SPRINGFIELD, Ill.) — Sean Grayson, the former Sangamon County sheriff’s deputy, is set to be sentenced on Thursday after his convicted in October 2025 of second-degree murder for the July 2024 fatal shooting of Sonya Massey, a Black woman who called 911 to report a possible intruder at her home in Springfield, Illinois.
Grayson could be sentenced to four to 20 years in prison or he could be sentenced to probation, according to prosecutors.
Sontae Massey, Massey’s cousin, told Springfield ABC affiliate WICS in an interview that aired ahead of the sentencing on Wednesday that her death “shattered” her family and they are now bracing for Grayson’s sentencing.
“I’m a little anxious. I think I speak for the family when I say that. You know, there’s a lot of feelings involved, particularly her children,” Sontae Massey said.
She noted that family members, including Massey’s teenage children Malachi and Summer, are expected to deliver impact statements during the sentencing hearing.
Family representatives for the Massey family told ABC News on Wednesday that the family will hold a press conference after Grayson’s sentencing hearing.
Ahead of sentencing Grayson, the judge denied on Thursday morning Grayson’s request for a new trial.
Grayson’s attorneys filed a motion for a new trial on Dec. 2, 2025, arguing that “several erroneous rulings” “resulted in prejudice to the defendant.”
The motion, which was reviewed by ABC News, cited alleged “errors” that include “incorrectly” focusing on Grayson’s “obligations as a police officer” when determining not to release him pre-trial, as opposed to “the danger he posed as a private citizen.”
Grayson’s attorneys also argued in the motion that the judge should not have admitted into evidence the body camera video that showed Grayson’s “statements and actions” after he fatally shot Massey.
Grayson’s attorneys did not respond to ABC News’ requests for comment.
Sangamon County State’s Attorney John Milhiser, who prosecuted Grayson, told ABC News on Thursday that his office filed a motion asking the judge to deny Grayson’s request for a new trial.
Body camera footage of the July 6, 2024 incident shows Grayson, who was inside Massey’s home, pointing to a pot of boiling water on her stove and says, “Walk away from your hot steaming water.”
Massey then appears to pour the water into the sink and repeats the deputy’s phrase before saying, “I rebuke you in the name of Jesus,” according to the video.
Grayson threatens to shoot her and Massey apologizes and ducks down behind a counter, covering her face with what appears to be a red oven mitt, the video shows. As she briefly rises, Grayson shoots her three times in the face, the footage shows.
During Grayson’s testimony, he told the jury he believed Massey was going to throw the scalding water on him and was scared.
The assistant state attorney said that Massey’s final words before being shot with her hands up were, “I’m sorry,” according to WICS.
Grayson was initially charged with three counts in connection to Massey’s death — first-degree murder, aggravated battery with a firearm and official misconduct. He pleaded not guilty to all counts.
Following the seven-day trial in October 2025, the jury was given the option of considering second-degree murder instead of first-degree murder.
ABC News’ Mariama Jalloh and Sabina Ghebremedhin contributed to this report.
Demonstrators against the ongoing Immigration and Customs Enforcement (ICE) deployment march during a protest in Minneapolis, Minnesota, US, on Sunday, Jan. 25, 2026. (Jaida Grey Eagle/Bloomberg via Getty Images)
(MINNEAPOLIS) — A federal judge heard arguments Monday on the state of Minnesota’s request for a temporary restraining order to halt the Trump administration’s immigration enforcement operation in the state.
The hearing came two days after the death of 37-year-old Alex Pretti in what was the second shooting of a U.S. citizen this month by federal immigration enforcement agents in Minneapolis.
An attorney representing the state said in Monday’s hearing that the enforcement action, dubbed “Operation Metro Surge,” is the nation’s single largest escalation of immigration enforcement, despite Minnesota not having the largest number of non-citizens with criminal convictions.
“Yet the federal government has sent an unprecedented force of thousands of masked agents armed with assault rifles to spread through our region in roving patrols that are racially profiling and inflicting violence on people,” argued state attorney Lindsey Middlecamp.
Brian Carter, another state attorney, argued that there’s a lack of precedent because “the conduct [from the federal government] is so outrageously unlawful we’ve never seen it before.”
“In the 250 years of this nation’s history, we have never seen a federal government attack states based on personal animosity,” Carter argued.
“Well, we’ve seen the federal government take very robust responses to states that aren’t yielding to federal authority,” U.S. District Judge Katherine Menendez interrupted.
“Absolutely, but that’s based on the rule of law,” Carter responded.
When Judge Menendez asked what exactly the state wants her to do, Carter said, “End Operation Metro Surge.”
“The whole Operation Metro Surge is an illegal means to an illegal end, so just ending the whole thing is the appropriate remedy there,” Carter said.
“You understand the federal government has a lot of power in this area, so I’m trying to figure out what principle you’re asking me to apply that will sort out legal federal law enforcement from this 10th Amendment argument,” Judge Menendez said.
An attorney representing the federal government called the state’s request to end Operation Metro Surge “staggering.”
“The effect of their requested relief would be essentially removing the officers whom the president has concluded should be there to enforce federal immigration law,” said attorney Brantley Mayers. “It’s pretty staggering.”
Mayers argued that the requested relief should be subject to “a heightened standard.”
“They’re challenging one law enforcement initiative,” replied Judge Menendez. “They’re not challenging the enforcement of immigration law writ large.”
Mayers said that if the judge issues an order to end Operation Metro Surge, it “would be very difficult to implement.”
“If it’s difficult to implement, does that mean I can do nothing?” Judge Menendez asked.
Mayers responded by saying such an order would create a “very difficult separation of powers problem.”
The judge also said she is “grappling” with the alleged illegalities identified by the state, pointing to other lawsuits filed in Minnesota.
“Isn’t the answer to the flood of illegality to fight each illegal act?” Judge Menendez asked, noting that the conduct of federal agents is already the subject of separate litigation.
Menendez also questioned how she should draw the line between legitimate federal pressure and illegal coercion.
“How do I decide when a law enforcement response crosses the line from a legitimate response to one that violates the 10th Amendment?” she asked.
Carter argued that there are “4,000 masked, armed federal agents engaged in systemic, pervasive, and illegal violent behavior” that is “so far out on the other side of the line.”
“We’ve got retaliation, we’ve got racial profiling, we’ve got warrantless entries into homes,” Carter said.
Middlecamp said that U.S. Attorney General Pam Bondi’s letter to Gov. Tim Walz Saturday in which she sought information about the state’s voter rolls and records on Medicaid and Food and Nutrition Service programs as a condition for ICE agents pulling back on enforcement, “can only be described as a ransom note.”
“President Trump himself took to social media last night to reaffirm those very purposes. Their message is clear,” Middlecamp said. “Minnesota can either change its laws and policies or suffer an invasion of masked armed forces. This is precisely the type of coercion and commandeering that violates the 10th Amendment.”
Middlecamp argued there has been “excessive force and unsupported detentions and arrests of legal observers” and said that DHS agents have been collecting photos and license plates of observers so they can confront them.
“Even though they are not charged with a crime or reasonably suspected of a crime, there has been indiscriminate use of chemical irritants,” she said.
The attorney argued that Operation Metro Surge is having “clear impacts on the sovereign interest to create and protect public safety, public health, and public education.”
Sara Lathrop, an attorney for the city of Minneapolis, said the weekend’s shooting “demonstrated in a terrifying way that the current situation is absolutely untenable.”
“The relief we need needs to be ordered now to take down the temperature,” Lathrop said.
In response, Judge Menendez said that “not all crises have a fix from a district court injunction.”
Carter, the state attorney, wrapped up arguments by saying the state came to the court to “protect its sovereignty.”
“The state of Minnesota comes here today to protect its sovereignty, to stop the harm to its sovereign rights under the Constitution that sets states up as independent sovereigns,” Carter said. “If we can’t come to the court and vindicate those rights, where else does a state go?”
Judge Menendez did not issue an order immediately following the hearing.
“I do not intend in any way for the depth of my analysis or whatever time I take to write to be seen as a belief that this is unimportant,” she said. “It’s because it’s extremely important that I’m doing everything I can to get it right,” the judge said.
