The request, filed Thursday with U.S. District Judge Waverly Crenshaw in Nashville, marks the third time Abrego’s defense team has raised concerns about public comments from government officials. His lawyers argue that these statements are undermining his ability to receive a fair and impartial trial.

In their motion, the defense pointed to a surge of heated rhetoric in recent days from President Donald Trump, Noem, Bondi, and other Trump allies, accusing Abrego of criminal activities that he insists are untrue.

“Further action from the Court is needed to safeguard Mr. Abrego’s right to a fair trial and to uphold the integrity of the proceedings,” his attorneys wrote. “The government’s continuous release of prejudicial statements threatens — and may have already damaged — the possibility of holding a fair trial anywhere.”

Abrego claims the case is politically motivated, designed to punish him for challenging the Trump administration. Earlier this year, he was deported to El Salvador despite a 2019 court order warning that returning him could expose him to gang violence. His legal battle against that deportation led to several court defeats for the administration, international criticism, and increased scrutiny of Trump’s aggressive deportation policies.

Those rulings, however, fueled even harsher public criticism from Trump and his aides. In June, the administration brought Abrego back to the U.S., just two weeks after secretly obtaining a felony indictment in Tennessee accusing him of human smuggling.

The defense’s latest filing criticizes several new public statements, including those made after Abrego was released from custody last Friday and after his re-arrest by immigration officials on Monday.

While the motion references Trump’s comments, it stops short of asking the court to directly limit his speech. It also highlights a DHS post on X (formerly Twitter) that shared video footage of Abrego following his arrest, accompanied by a caption that read:

“He doesn’t belong here. He won’t be staying here. America is a safer nation without this MS-13 Gangbanger in it. Good riddance.”

The filing also noted that DHS reposted a White House social media post using campaign-style imagery and labeling Abrego as an MS-13 gang member, a claim his attorneys have strongly denied.

Judge Crenshaw previously reminded both the defense and the prosecution to follow local rules designed to protect a defendant’s right to a fair trial. He also instructed officials linked to the prosecution to clarify publicly that an indictment represents only allegations, not proof of guilt.

Now, Abrego’s attorneys are asking the judge to take stronger action by requiring prosecutors to explain what steps they have taken to limit public comments from government agencies involved in the case.

The Departments of Homeland Security and Justice have not yet responded to requests for comment.