Calling the indictment outright retaliation, Kilmar Abrego Garcia, a Salvadoran native in the center of a U.S. deportation soap opera, is requesting a judge to dismiss his criminal case and accusing the Trump administration of unprecedented retribution.
The Maryland man’s attorneys argued in a heated 35-page declaration in Tennessee that the court should drop the human smuggling charges against him, claiming the case was only filed to punish him for successfully contesting his deportation. Although they noted that motions alleging selective and spiteful prosecution are rarely successful, they wrote that this is the first instance in which dismissal on those grounds has ever been justified.
NEW: On the grounds of selective and vindictive prosecution, Kilmar Abrego Garcia files a motion to have his criminal charges in Tennessee dismissed.
The government’s deliberate attempt to penalize him for having the gall to resist rather than take a cruel picture led to this case.Twitter: (3JVpqQbplp)
August 19, 2025 Anna Bower (@AnnaBower)
Abrego Garcia has come to represent Trump’s vigorous deportation campaign. Despite a 2019 court order against his removal, he was deported to El Salvador earlier this year, a decision that set off a chain of legal disputes and diplomatic problems. He was eventually forced to return to the United States by a number of courts, but rather than being free to live his life again, he was hit with further smuggling accusations. After he exposed the administration in court, his lawyers maintain that the case is a political hit job intended to damage his reputation.
The latest accusations stem from a traffic encounter in Tennessee in November 2022, where Abrego was stopped while driving with multiple passengers. He wasn’t even cited or detained at the time, but the government revived the incident in April of this year and used it as the basis for a smuggling prosecution. The move was mocked by his defense team, who called it absurd and charged that the prosecution had gone to great lengths to make up a crime. To further weaken the case, they contend that the government’s named co-conspirators are untrustworthy.
High-ranking officials’ public remarks are also cited in the motion to dismiss as proof that the prosecution is retaliatory. At a press conference announcing the allegations, Attorney General Pam Bondi said, “This is what American justice looks like.” She even predicted that Abrego would be found guilty, given a term, and deported once more.
Attorneys for Kilmar Abrego Garcia seek the dismissal of absurd human smuggling charges—https://t.co/nBlyUXvX3hpic.twitter.com/eL0tNUzqfQ
New York Post, August 20, 2025 (@nypost)
Todd Blanche, the deputy attorney general, suggested that the probe didn’t start until a Maryland court questioned the government’s deportation decision. Additionally, former President Trump personally commended the Department of Justice for their pursuit of Abrego, stating that it was essential to demonstrate to the American public how awful this man is and to oppose judges who attempt to serve as president.
Abrego’s attorneys contend that the remarks disclose the real driving force behind the action. They assert that the administration manipulated the criminal justice system to fabricate a story that supported his deportation while also launching a public campaign to punish him.
A Justice Department whistleblower who reportedly faced career repercussions for disclosing internal papers that revealed officials were unsure of the strength of their case yet persisted is also mentioned in the petition.
Judges in Maryland and Tennessee have already made decisions about Abrego’s complex legal battle; one has barred deportation without prior warning, while the other has ordered his freedom awaiting trial. The government’s apparent division on how to handle him was demonstrated at one point when the Justice Department itself asked a judge not to place him in ICE custody, fearing that the agency would swiftly deport him before the lawsuit could proceed.
Abrego has maintained that he is being railroaded and entered a not guilty plea throughout it all. His lawyers contend that the government has consistently disregarded court orders—including Supreme Court decisions—instead of adhering to them. As Judge Waverly D. Crenshaw Jr. evaluates whether the unprecedented claim of political vengeance is sufficient to prevent a federal prosecution, the smuggling case is currently in limbo.
The court’s acceptance of Abrego Garcia’s attorneys’ contention that the case is about punishing a guy who refused to remain silent following his wrongful removal rather than justice at all could determine his future.
