Kilmar Abrego Garcia asks for dismissal

Kilmar Abrego Garcia asks a Nashville federal judge to throw out his indictment, alleging vindictive and selective prosecution tied to his deportation dispute.

Kilmar Abrego Garcia Lawyers Seek Dismissal of Charges

In Nashville, Kilmar Abrego Garcia’s lawyers filed a motion to dismiss the indictment, arguing the charges amount to vindictive and selective prosecution by the Trump administration. They say the government pursued smuggling counts mainly because he challenged his deportation to El Salvador, where he says he was beaten before being moved to a lower-security facility.

Prosecutors counter that Abrego Garcia transported immigrants, including minors, in a smuggling conspiracy before the deportation. They cite a 2022 traffic stop in which he allegedly ferried nine people across state lines as key evidence. Abrego Garcia has remained in pre-trial detention since his return to the United States in early June. A Maryland judge previously ordered his return for ICE supervision, with officials not barred from detaining him again in Tennessee as the case unfolds.

The filing spotlights tensions between due process protections and aggressive immigration enforcement. If the defense proves discriminatory intent, it could force a broader reexamination of how deportation disputes intersect with criminal charges.

Experts say the case could hinge on the credibility of the cooperating witness cited by prosecutors and on whether the government can show a nonpolitical motive for the charges. The outcome may influence how future cases are framed when deportations go wrong and officials seek criminal remedies instead of civil adjustments.

Highlights

The case will test how courts balance due process with immigration enforcement in charged political times.