Kilmer Abrego Garcia Seeks Dismissal of Human Smuggling Charges

NASHVILLE — Lawyers representing Kilmer Abrego Garcia are urging a federal judge in Tennessee to dismiss the human smuggling charges against him, arguing that the prosecution is a clear case of “selective and hostile prosecution” linked to the Trump administration.

In a motion filed on a Tuesday afternoon, just days ahead of Abrego’s anticipated pretrial release, the lawyers admitted that motions to dismiss are “rarely successful.” However, they argued that this case is exceptional: “The government is attempting to punish Mr. Abrego for successfully contesting his illegal removal. This is an egregious constitutional violation.”

As of now, the government hasn’t issued a legal response. A spokesperson for U.S. Attorney Robert McGuire stated that the U.S. position is outlined in McGuire’s court statement and in their lawsuit.

The 35-page motion to dismiss details a series of events starting in March when Abrego was detained by immigration and customs enforcement agents. Shortly thereafter, he and his son were reportedly deported to a prison in El Salvador. Abrego spent months in the notorious maximum-security CECOT prison, despite it being incorrectly indicated that government lawyers were sent there.

Allegations surfaced later that Abrego endured torture while in custody.

“A Widespread and Unprecedented Retaliation Campaign”

His lawyers claimed that the case was improperly moved to El Salvador due to a lack of legitimate proceedings in another federal lawsuit filed in Maryland, where Abrego resided with his family.

“The government did not take any remedial steps regarding this error,” his lawyer in Tennessee noted on Tuesday. “Rather than addressing the lawsuit’s claims, the government appears to be executing a broad retaliation campaign against Abrego.” This campaign, they argue, includes the human smuggling charges.

In June, Abrego faced allegations from the Tennessee court, including “conspiracy to illegally transport immigrants.” Prosecutors accused him of participating in a national scheme to transport undocumented individuals around the country. He has pleaded not guilty.

These charges relate to a 2022 traffic stop in Putnam County, where authorities pulled him over while he was driving a vehicle with nine passengers. Interestingly, he wasn’t arrested during that incident.

Special Agents from the Department of Homeland Security later testified that they weren’t instructed to investigate traffic stops in Tennessee until late April. At that time, a federal judge in Maryland had ordered the government to facilitate Abrego’s return.

After being returned to Tennessee on June 6, Abrego confronted the charges against him.

Case Under Public Scrutiny

The case has prompted significant criticism of the Trump administration’s immigration policies, which many believe violate the due process rights of both citizens and non-citizens.

Abrego, originally from El Salvador, entered the U.S. illegally as a teenager and is currently under a 2019 court order that prevents the government from deporting him back to a country where he might face gang violence.

Following his deportation, Abrego became a target of public scorn, with officials, including President Trump, publicly labeling him with derogatory terms. His lawyers argue that such remarks indicate a campaign of retaliation against him for defending his rights.

They contend that the administration’s comments have further highlighted the retaliatory intent behind the ongoing prosecution.

Legal Representatives Seek to Limit Government Comments

Earlier this month, Abrego’s legal team sought a court order to limit public statements from government officials that may violate standard court procedures.

U.S. District Judge Waverly Crenshaw, who oversees cases in Tennessee, responded by instructing all attorneys involved in the case to emphasize Abrego’s presumption of innocence in public communications.

“Our constitution requires that Abrego be presumed innocent unless proven guilty beyond a reasonable doubt,” Crenshaw stated in a July 31 order.

In a related development, the court has set a trial date of January 27 since there were concerns regarding the waiver of Abrego’s right to a speedy trial.

Abrego is currently detained by U.S. Marshals and awaiting pre-trial proceedings.

On Tuesday, his lawyers requested release, referencing a federal judge in Maryland who has prohibited the government from detaining Abrego and mandated a 72-hour written notice prior to any transfer to a different location.

They also mentioned a private security company’s involvement in transporting Abrego safely, requesting that those details remain sealed for his protection.

If prosecutors oppose any terms of Abrego’s release as set forth by his lawyers, a preliminary hearing has been scheduled for Friday.