Kilmar Abrego Garcia’s Lawyers Seek Dismissal of Charges, Allege ‘Vindictive Prosecution’

Lawyers for Kilmar Abrego Garcia, who was mistakenly deported to El Salvador before being returned to the U.S. to face smuggling charges, have formally moved a federal judge in Nashville to dismiss his indictment. In a filing made Tuesday, the defense asserts the charges represent a “vindictive and selective prosecution” by the Trump administration.

Abrego Garcia’s legal team argues the prosecution is a direct reprisal for his successful challenge against his initial deportation to El Salvador earlier this year. Despite being granted legal protection from deportation in 2019, he was arrested by immigration officials and deported. While the Trump administration initially conceded the deportation was an error, it subsequently pursued criminal charges, accusing Abrego Garcia of gang affiliation and human smuggling.

The defense highlights the suspicious timing of the charges, which emerged only after his deportation gained significant national attention. They contend this indicates an intent to punish him for exercising his due process rights. Prosecutors have cited a 2022 traffic stop where Abrego Garcia was found driving nine individuals without luggage. His lawyers also question the government’s reliance on a convicted smuggler, who they claim is receiving lenient treatment as a “star cooperator.”

Additionally, Abrego Garcia’s lawyers are pushing for his release from pre-trial detention. A previous court order for his release was paused due to concerns about immediate re-detention by Immigration and Customs Enforcement (ICE). This stay is scheduled to lapse on Friday, August 22. At that point, his attorneys are requesting 48 hours for him to report to pre-trial supervision in Maryland, where he resides with his U.S. citizen wife and child.

A federal judge in Maryland had previously ordered his return to that state for ICE supervision and prohibited immediate re-detention in Tennessee or deportation without prior notice. Meanwhile, the Department of Homeland Security has maintained a firm stance, with spokeswoman Tricia McLaughlin stating Abrego Garcia “will never walk America’s streets again,” and reiterating allegations of him being a “gang member and human trafficker.”

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