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Nashville, TN — Attorneys for Kilmar Abrego Garcia are fighting back against human smuggling charges, claiming the Justice Department is retaliating against him. Garcia was wrongfully deported to El Salvador earlier this year, despite a court order preventing his removal.
He successfully challenged his deportation and returned to the US. Now, his lawyers argue, the Justice Department is pursuing these charges as punishment for his legal victory.
In a motion filed Tuesday with US District Judge Waverly Crenshaw, Garcia’s legal team alleges “selective or vindictive prosecution.” They contend that statements by officials, including former President Trump and former Florida Attorney General Pam Bondi, reveal an attempt to justify Garcia’s deportation. The motion also highlights the significant delay between the traffic stop that led to the charges (November 2022) and the indictment (May 2025), suggesting discriminatory intent.
Garcia’s lawyers argue this is a blatant constitutional violation and are asking Judge Crenshaw to dismiss the charges. This request comes just days before Garcia’s expected release from custody pending trial. While such motions are rarely successful, his attorneys believe the circumstances of this case warrant dismissal.
The case has garnered national attention, becoming a flashpoint in the debate over immigration enforcement. Judge Crenshaw recently upheld a decision to allow Garcia to remain free pending trial, although his release has been temporarily delayed.
Concurrently, a separate judge in Maryland has issued an order protecting Garcia from immediate deportation upon his release, safeguarding his due process rights. His trial is scheduled for January 2026.