Kilmer Abrego Garcia is shown at the Center with legal counsel after being released from a Putnam County, Tennessee jail on August 22, 2025.
NASHVILLE – Federal prosecutors are opposing claims regarding human smuggling charges against Kilmer Abrego Garcia, suggesting these are part of a retaliatory campaign linked to the Trump administration.
In a filing on Monday, the U.S. Attorney’s Office in Nashville requested to distance itself from public remarks made by civil servants concerning Abrego, which followed a March deportation to El Salvador that drew considerable criticism regarding the administration’s immigration policies, attributed to “administrative errors.”
“Even if others in the administrative agency have expressed malice toward the defendant, there is no evidence in court that suggests this influenced the prosecution team to bring charges,” they stated.
Abrego’s legal team aims to dismiss the Tennessee case, labeling it as driven by “hostile prosecutors.”
They contended that the charges stemmed from the belief that serious crimes had occurred, which could be proven beyond a reasonable doubt.
Currently, Abrego is being held in a detention facility in Virginia after being taken into custody by federal immigration officials on August 22, shortly after his release in Tennessee, as mentioned in a court filing.
Earlier this month, officials from the Trump administration suggested intentions to deport Abrego to the Kingdom of Eswatini, formerly known as Swaziland. However, after he sought asylum in the U.S., they stated their objective shifted toward expelling him to El Salvador.
Having illegally entered the U.S. from El Salvador as a teenager, Abrego was granted a deportation by an immigration judge in 2019 due to the violence he faced back home.
Concerns Over Prosecutorial Selectivity
Last month, Abrego’s legal representatives sought to dismiss the criminal case in Tennessee, arguing it illustrated “selective and vindictive prosecution” by the Trump administration.
He faces allegations of being linked to a smuggling operation facilitating the illegal transport and exploitation of immigrants throughout the country. At a recent traffic stop, Abrego was found with nine men in his vehicle but was neither arrested nor ticketed, and he has pleaded not guilty to two human smuggling charges.
Kilmer Abrego Garcia has faced deportation to an El Salvador prison while contending with federal charges in Nashville.
Quoting various public statements from Trump administration officials calling Abrego derogatory names, his attorneys claimed this was a smear tactic aimed at deflecting attention from the administration’s handling of his deportation and undermining his rights to a fair process. Abrego has denied any gang affiliations.
His lawyers argued, “The government is leveraging this court to retaliate against Mr. Abrego for his unlawful removal, which constitutes a fundamental violation of his constitutional rights.”
In response, federal prosecutors maintained that Abrego’s efforts to challenge his deportation to El Salvador are unrelated to the smuggling charges he faces, which can apply to both undocumented immigrants and natural-born citizens.
“The charges were made because, in their view, the defendant committed a serious crime that could be substantiated beyond a reasonable doubt,” they noted.
Prosecutors also dismissed claims that the delay following a traffic stop in 2022 contributed to any supposed vindictive intent by the government.
The judge mandates that Abrego Garcia remain in custody until at least an October hearing.
They clarified that the traffic stop had not been reported to prosecutors until late April 2025.
Furthermore, prosecutors accused Abrego’s attorneys of including misleading statements in their request regarding plea negotiations.
The defense alleged that prosecutors coerced Abrego into accepting a last-minute guilty plea for deportation to Costa Rica just before his release from pretrial custody in Tennessee, aiming to defend against imminent detention by immigration authorities.
Both sides had been negotiating a plea deal for over a month, during which Abrego would have admitted guilt for one smuggling charge. However, his defense team then filed a last-minute claim of vindictive prosecution and coercion, specifying that Costa Rica was among the countries Abrego had considered for his potential deportation.
