Kilmar Abrego Garcia, the Salvadoran native at the center of a U.S. deportation soap opera, is accusing the Trump administration of “unprecedented retribution” and asking a judge to drop his criminal case, calling the indictment outright revenge.
In a fiery 35-page filing in Tennessee, lawyers for the Maryland man urged the court to dismiss human smuggling charges, saying the case was only brought to punish him for successfully challenging his deportation. They acknowledged that motions claiming “vindictive and selective prosecution” rarely succeed, but wrote, “if there has ever been a case for dismissal on those grounds, this is that case.”
NEW: Kilmar Abrego Garcia files motion to dismiss his criminal charges in Tennessee based on selective and vindictive prosecution
“This case results from the government’s concerted effort to punish him for having the audacity to fight back, rather than accept a brutal… pic.twitter.com/3JVpqQbplp
— Anna Bower (@AnnaBower) August 19, 2025
Abrego Garcia has become a symbol of Trump’s aggressive deportation push. Earlier this year he was deported to El Salvador despite a 2019 court order blocking his removal, a decision that sparked a saga of diplomatic tensions and legal clashes. Multiple courts ultimately forced his return to the United States, but instead of being allowed to resume his life, he was slapped with new smuggling charges. His attorneys insist the prosecution is a political hit job designed to discredit him after he embarrassed the administration in court.
The new charges center on a November 2022 traffic stop in Tennessee when Abrego was pulled over with several passengers in his car. At the time, he wasn’t arrested or even cited, but in April of this year, the government resurrected the incident and used it as the foundation of a smuggling case. His defense team ridiculed the move, calling it “preposterous,” and accused prosecutors of bending over backward to fabricate a crime. They also argue that alleged co-conspirators identified by the government are unreliable, further undermining the case.
The motion to dismiss also highlights the public comments of high-ranking officials as evidence the prosecution is retaliatory. Attorney General Pam Bondi held a press conference announcing the charges, declaring, “This is what American justice looks like,” and went as far as to predict Abrego would be convicted, sentenced, and deported again.
Kilmar Abrego Garcia’s lawyers want ‘preposterous’ human smuggling charges dismissed https://t.co/nBlyUXvX3h pic.twitter.com/eL0tNUzqfQ
— New York Post (@nypost) August 20, 2025
Deputy Attorney General Todd Blanche suggested the investigation began only after a judge in Maryland questioned the government’s deportation decision. And former President Trump himself praised the Department of Justice for pursuing Abrego, saying it was necessary to show Americans “how horrible this guy is” and to push back on judges “trying to take the place of a President.”
Abrego’s lawyers argue those statements reveal the true motivation behind the case. They claim the administration launched a “public campaign to punish” him while simultaneously manipulating the criminal justice system to create a narrative that justified his deportation.
The filing also points to a Justice Department whistleblower who allegedly suffered career consequences for releasing internal documents showing officials were uncertain about the strength of their case but still pressed ahead.
Judges in both Tennessee and Maryland have already weighed in on Abrego’s complicated legal battle, with one ordering his release pending trial and another barring deportation without advance notice. At one point, the Justice Department itself urged a judge not to transfer him to ICE custody out of concern the agency would quickly deport him before the case could move forward, highlighting how divided the government appeared to be over how to handle him.
Through it all, Abrego has pleaded not guilty and maintains he is being railroaded. His attorneys argue the government has “flouted rather than followed” court orders at every turn, including rulings from the Supreme Court. For now, the smuggling case remains in limbo as Judge Waverly D. Crenshaw Jr. considers whether the extraordinary claim of political retribution is strong enough to derail a federal indictment.
Abrego Garcia’s fate may hinge on whether the court accepts his lawyers’ argument that the case is not about justice at all, but about punishing a man who refused to stay silent after his unlawful removal.
