NASHVILLE, TN
Kilmar Abrego Garcia, whose deportation was wrongfully ordered, is asking a U.S. judge in Tennessee to dismiss his criminal case, claiming it is vindictive.
Release Date
02/26/2026
Abrego’s lawyers will attempt to persuade a federal judge in Tennessee on Thursday to dismiss the human trafficking charges against him.
Abrego maintains that the criminal proceedings are vindictive, driven by officials in President Trump’s administration to punish him after being forced to return to the United States.
Abrego, a Salvadoran citizen, has had a court order since 2019 preventing his deportation to his country. This stems from an immigration judge’s determination that he faced danger in El Salvador from a gang that had threatened his family. Abrego, 30, immigrated illegally to the United States as a teenager, but has a U.S.-born wife and child. He has lived and worked in Maryland for years under the supervision of U.S. Immigration and Customs Enforcement (ICE).
After being deported to El Salvador last year, the U.S. Supreme Court ruled that the Trump administration must work to bring him back. He eventually returned to the United States, only to face criminal charges of human smuggling, based on a 2022 traffic stop in Tennessee. He pleaded not guilty.
Body camera footage from a Tennessee Highway Patrol trooper shows a calm exchange with Abrego after he was pulled over for speeding. There were nine passengers in the vehicle, and the troopers discussed their suspicions of smuggling. However, Abrego was ultimately allowed to continue driving with only a warning.
