OAN Staff Brooke Mallory
6:52 PM – Wednesday, August 20, 2025
Kilmar Abrego Garcia’s attorneys accused Department of Justice (DOJ) prosecutors on Tuesday of “vindictive and selective prosecution,” filing a motion to dismiss the criminal human smuggling charges against him.
U.S. Magistrate Judge Barbara Holmes’s temporary stay is set to expire Friday. Garcia’s attorneys say that once the stay ends, he could be released from Tennessee custody, though his release will depend on ongoing immigration and federal proceedings.
A separate ruling last month ordered that, if released, he will be returned to Maryland. However, the release from Tennessee custody doesn’t mean he’s free in the general sense — instead — it’s a procedural transfer to Maryland under strict judicial supervision.
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In the 25-page motion, his attorneys argued that the Trump government targeted their client “because he refused to acquiesce in the government’s violation of his due process rights.”
“Kilmar Abrego Garcia has been singled out by the United States government,” his attorneys asserted.
The Salvadoran illegal alien was deported in March to El Salvador’s CECOT mega-prison, with the Trump administration citing ties to the MS-13 gang — a claim he still denies. Following this, Abrego Garcia was flown back to the U.S. in May to face charges in Tennessee after being accused of transporting (smuggling) other illegal aliens.
In Tuesday’s filing, his attorneys declared that Abrego Garcia had been “sent on his way without so much as a traffic ticket” after being stopped by the Tennessee Highway Patrol in 2022 while driving a car carrying nine other illegal aliens — implying that the authorities’ current push is unwarranted.
“Yet three years later, unrelatedly, the government picked Mr. Abrego up off the street—along with others with similar immigration status—as part of a shock-and-awe immigration enforcement push,” they added.
After Abrego Garcia’s removal, his attorneys also claim that the government “responded not with contrition, or with any effort to fix its mistake — but with defiance.”
“A group of the most senior officials in the United States sought vengeance: they began a public campaign to punish Mr. Abrego for daring to fight back, culminating in the criminal investigation that led to the charges in this case.”
Additionally, in their filing, his attorneys argued that Trump officials are now leveraging the criminal case to punish their client for “successfully fighting his unlawful removal.”
“That is a constitutional violation of the most basic sort,” they continued. “The indictment must be dismissed.”
However, the Department of Justice (DOJ) attorney who initially claimed that Abrego Garcia’s deportation was an “administrative error” was subsequently placed on administrative leave and later fired for making the “false and misleading statement.” Despite this, mainstream media outlets have continued to cite that lawyer’s statement as evidence that the deportation was wrongful.
White House deputy chief of staff for policy Stephen Miller has also consistently defended the deportation of Abrego Garcia. In April this year, Miller addressed reporters outside the White House, explaining that the deportation was justified since Abrego Garcia was in the U.S. illegally and had ties to the MS-13 gang.
He emphasized that the decision to deport was based on both national security concerns and the legal status of the individual. Miller also criticized the notion of the U.S. being compelled to monitor the conditions of deported individuals, suggesting that such responsibilities should lie with the country receiving the deportee.
KILMAR ABREGO GARCIA TIMELINE
2019
Initial deportation order: U.S. authorities order Abrego Garcia’s deportation.
Court blocks deportation: A U.S. court upheld his asylum claim citing “credible threats from gangs in El Salvador,” specifically Barrio 18, and blocked his removal. The 18th Street gang (Barrio 18) has a longstanding and violent rivalry with the Mara Salvatrucha (MS-13), whom Abrego Garcia ironically claims to have no involvement with.
2023–2024
Deportation: Abrego Garcia is deported to his home country of El Salvador.
Return to the U.S.: He is flown back to the U.S. to be taken into custody, this time, facing human smuggling charges stemming from a 2022 traffic stop in Tennessee.
2025
June – Maryland court ruling: A federal judge rules that the U.S. government cannot immediately detain or deport him upon release.
Tennessee detention: He is held in federal custody in Tennessee due to ongoing human smuggling legal proceedings.
July – Maryland court order: The court explicitly states that if released from Tennessee custody, he must be sent back to Maryland.
August – Temporary stay in Tennessee: U.S. Magistrate Judge Barbara Holmes issues a temporary stay of release in Tennessee, pausing his transfer or release for 30 days.
Next Steps
The motion to dismiss the human smuggling charges is pending. If the motion is denied, the case will proceed to trial. The government must comply with the court’s order to provide 72 hours’ notice before any deportation attempt. Further legal proceedings may occur if the government seeks to challenge the protection order.
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