Kilmer Abrego Garcia’s legal team requested a federal judge to dismiss a human smuggling case against him, while the government seeks accountability from Maryland construction workers for his alleged removal back to El Salvador.
In their court filings, the lawyers stated that cases of dismissal based on “selective or vindictive prosecution” are uncommon, emphasizing that “if there ever was a case for such a dismissal, this is it.”
They pointed out that members of the Trump administration, including senior cabinet officials and Justice Department leaders, publicly attacked Abrego Garcia, suggesting that “the vindictiveness is apparent in the records.”
Abrego Garcia has become a notable symbol in discussions around Trump’s immigration stance after being unlawfully expelled to El Salvador in March. The Trump administration circumvented a U.S. immigration judge’s orders from 2019 that protected him from deportation.
Although the administration accused him of being affiliated with the MS-13 gang, he has not faced any charges and has consistently denied these claims.
Under pressure and following a U.S. Supreme Court mandate, Trump’s administration brought Abrego Garcia back to the U.S. in June, where he is now confronted with smuggling charges.
The recent allegations contend that the government challenged his removal to El Salvador, framing him as a criminal to sidestep “the embarrassment of owning up to their illegal actions.”
These assertions suggest that the government is attempting to sway public opinion regarding Abrego Garcia’s deportation.
His lawyers have asked the court for a hearing focused on the government’s true motivations.
The smuggling case originated from a 2022 traffic stop for speeding, during which Abrego Garcia was driving a vehicle with nine passengers. Although police suspected human smuggling, he was permitted to continue driving.
Just last month, a federal judge in Maryland prohibited the immediate transfer of Abrego Garcia into immigration custody if the Trump administration decides to release him from prison. The ruling requires the government to give three business days’ notice before initiating a deportation proceeding against him.
