The legal fight for Kilmar Abrego Garcia continues to unfold in a Tennessee federal courtroom. Garcia was mistakenly deported to El Salvador and later returned to the U.S., where he now faces criminal charges.
His attorneys are asking for the charges to be dropped, arguing that the government is targeting him for asserting his right to remain in the country.
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Return from El Salvador and allegations of abuse
The Supreme Court in April rejected the Trump administration’s emergency appeal, ordering that Abrego Garcia — who had legal protection from deportation due to fears of gang persecution — be returned to the U.S. He was flown back in June after spending time in El Salvador’s maximum-security prison, CECOT, where his lawyers say he was beaten and later transferred to another facility.
Trump administration officials admitted they made a mistake in deporting Abrego Garcia even though he was granted legal protection from removal to El Salvador in 2019. Trump officials maintain that he is a gang member and poses a threat of violence. The Department of Homeland Security (DHS) also cited a 2020 incident in which Abrego Garcia’s wife filed a protection order after he physically attacked her.
Pretrial detention and immigration charges
Since his return, Abrego Garcia has been held in pretrial detention while federal authorities allege he helped illegally transport immigrants into the U.S.
A DHS report said Abrego Garcia was stopped for speeding on Dec. 1, 2022, with eight other people in his vehicle and no luggage, raising human trafficking suspicions. All passengers listed his address as their home. Abrego Garcia gave evasive answers, claiming the vehicle’s owner was his boss and that he worked in construction. The report also identified him as an MS-13 gang member, referencing an unnamed source who identified Abrego Garcia as part of the group.
Attorneys allege retaliation in criminal case
Abrego Garcia’s attorneys argue that the government’s actions show a clear intent to retaliate against him for seeking civil remedies over his previous, mistaken deportation. They said the administration has gone to “extreme lengths” to build a criminal case, including relying on a convicted smuggler who was deported five times as a key witness.
According to the lawyers, the witness received lenient treatment despite allegedly running a smuggling operation, while Abrego Garcia was only accused of serving as a driver.
The lawyers are also asking the federal court in Nashville to release Abrego Garcia once a temporary hold expires on Friday. The court had cleared him for release earlier this summer, but the order was put on hold after his lawyers raised concerns that ICE could detain him right away and resume deportation proceedings.
