Wrongful Deportation and Return to the U.S.
Kilmar Abrego Garcia, a 29-year-old Salvadoran man, is urging a federal judge in Tennessee to dismiss criminal charges against him, claiming they stem from a “vindictive” prosecution by the Trump administration. Wrongfully deported to El Salvador’s notorious CECOT prison in March 2025, despite a 2019 court order barring his removal, Abrego Garcia was returned to the U.S. in June to face federal smuggling charges after a high-profile lawsuit challenged his detention and deportation.
Allegations of Retaliation
Abrego Garcia’s legal team argues that the charges, conspiracy to transport aliens and unlawful transportation of undocumented aliens, are retaliatory, targeting him for “having the audacity to fight back” against his unlawful deportation. They assert that prosecutors are abusing the law to punish him for exercising his constitutional rights, noting that the government only pursued charges after his case gained significant public attention. The attorneys claim, “If there has ever been a case for dismissal on grounds of selective or vindictive prosecution, this is that case.”
Harsh Treatment in El Salvador
During his month-long detention in CECOT, Abrego Garcia endured “severe beatings, sleep deprivation, inadequate nutrition, and psychological torture,” according to court filings. His deportation violated a 2019 immigration judge’s order granting him protection due to fears of persecution in El Salvador. Federal judges, including a unanimous Supreme Court, ordered his return, acknowledging the government’s “procedural error” in removing him. Despite initial sympathy from some officials, public statements later branded him a criminal and MS-13 gang member.
Criminal Charges and Unsubstantiated Claims
The Tennessee indictment accuses Abrego Garcia of participating in a years-long conspiracy to transport undocumented immigrants from Texas. Prosecutors also allege he is an MS-13 member involved in violent crimes, including murder, and other offenses like child trafficking and solicitation of child pornography. However, a federal judge found no evidence linking him to these allegations, ordering his release from pretrial detention in July 2025, though a temporary stay expires on August 22, 2025, raising concerns of re-arrest by immigration officials.
Legal Battle and Broader Implications
Abrego Garcia’s attorneys highlight a pattern of government resistance, noting that officials fought court orders at every level while publicly vilifying him. Emails revealed some initial efforts to facilitate his return, but these shifted as his case drew scrutiny, causing “headaches” for the White House. The ongoing lawsuit and motion to dismiss underscore broader issues of due process and the potential misuse of prosecutorial power, with Abrego Garcia’s team arguing that the government seeks to “punish him for successfully fighting his unlawful removal.”
