Baltimore, MD (September 16, 2025) – Free Speech For People and Progressive Maryland have formally requested that Maryland Attorney General Anthony G. Brown and District Attorney Tara H. Jackson open a criminal investigation into the unlawful kidnapping of Kilmar Armando Abrego Garcia by federal immigration officers. The request, detailed in a letter sent on July 15, 2025, outlines the egregious actions taken by U.S. Immigration and Customs Enforcement (ICE) and senior Trump administration officials to abduct, detain, forcibly transfer, and enable the two-month imprisonment of Mr. Abrego Garcia in a maximum security prison in El Salvador, in direct violation of a federal court order.

On March 12, 2025, ICE agents arrested Mr. Abrego Garcia, a 29-year-old Salvadoran national and Beltsville, Maryland resident, without legal basis while he was driving with his five-year-old disabled son. Despite a 2019 court order prohibiting his removal to El Salvador due to credible threats to his life – an order which remains in place – ICE transported him across multiple states, flew him out of the country, and arranged for his imprisonment in CECOT, a notorious Salvadoran supermax prison known for human rights abuses. His removal and imprisonment, part of a broader mass removal operation, have been condemned by federal courts, including the U.S. Supreme Court, which ruled the deportation illegal and ordered the government to facilitate his return. He has since been returned to this country, but continues to be targeted by the Trump administration, which has subjected him to what his attorneys have called “vindictive and selective prosecution” and is now threatening to remove him to Eswatini, a country with which he has no connection.

The letter asserts that the actions of President Donald Trump, senior Trump administration officials, including Secretary of Homeland Security Kristi Noem, and ICE agents may constitute kidnapping, conspiracy, and other crimes under Maryland law. It argues that Trump does not have presidential immunity since kidnapping cannot be defined as an official act, and it argues that federal officers do not have immunity from prosecution where their actions lacked legal authority, were not objectively reasonable, and defied court orders. 

“We are calling on the Maryland Attorney General and District Attorney to immediately investigate this blatant violation of Mr. Abrego Garcia’s rights and Maryland law,” said Courtney Hostetler, Legal Director at Free Speech For People. “The kidnapping of a Maryland resident and his imprisonment in inhumane conditions abroad demand accountability, regardless of the power or position of those involved.”

“What happened to Mr. Abrego Garcia is not just a crime, it’s a travesty of justice. A father was torn from his child, our community was terrorized, and the rule of law was trampled. If state prosecutors don’t step in, it sends a dangerous message that federal agents can break the law with impunity,” said Larry Stafford, Jr., Executive Director of Progressive Maryland.

Free Speech For People and Progressive Maryland urge a thorough investigation to determine whether criminal charges are warranted against those responsible for Mr. Abrego Garcia’s unlawful arrest, removal, and continued detention. The organizations emphasize the authority and responsibility of state and local prosecutors in Maryland to enforce the state’s laws, protecting its residents and upholding justice.

To read the July 15, 2025 letter, click here.

 

###

Free Speech For People is a national non-profit organization dedicated to defending our democracy and our Constitution across the country. Learn more at www.freespeechforpeople.org.

Progressive Maryland is a statewide non-profit organization promoting racial, social, economic, and environmental justice. Learn more at www.progressivemaryland.org.