Kilmar Abrego Garcia asks US judge in Tennessee to dismiss criminal case

Abrego Garcia claims the prosecution is vindictive after he was mistakenly deported and then brought back to the US

Published on Feb. 26, 2026

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Kilmar Abrego Garcia, a Salvadoran immigrant living in the US, is asking a federal judge in Tennessee to dismiss human smuggling charges against him. Abrego Garcia claims the criminal prosecution is vindictive, pushed by officials from the Trump administration to punish him after they were forced to bring him back to the US following his mistaken deportation. He was deported to El Salvador last year but the US Supreme Court ruled the Trump administration had to work to bring him back. Now he faces criminal charges related to a 2022 traffic stop in Tennessee.

Why it matters

This case highlights the complex and contentious issues surrounding immigration, deportation, and criminal prosecution. Abrego Garcia's mistaken deportation and subsequent return to the US has galvanized both sides of the immigration debate, with his attorneys arguing the criminal charges are vindictive while prosecutors claim the decision to prosecute was made independently.

The details

Abrego Garcia, a 30-year-old Salvadoran citizen, immigrated to the US illegally as a teenager but has an American wife and child. He has lived and worked in Maryland for years under ICE supervision. After he was deported to El Salvador last year, the Supreme Court ruled the Trump administration had to bring him back. He now faces human smuggling charges related to a 2022 traffic stop in Tennessee, where a Tennessee Highway Patrol officer found 9 passengers in his car but ultimately only issued him a warning.

  • Abrego Garcia was deported to El Salvador last year.
  • The Supreme Court ruled in 2019 that Abrego Garcia could not be deported to El Salvador due to safety concerns.
  • Abrego Garcia was pulled over and issued a warning by Tennessee Highway Patrol in 2022.

The players

Kilmar Abrego Garcia

A 30-year-old Salvadoran immigrant living in the US who is facing human smuggling charges after being mistakenly deported and then brought back to the US.

Donald Trump

The former US president whose administration is accused of pushing the criminal prosecution of Abrego Garcia in a vindictive manner.

Waverly Crenshaw

The US District Judge presiding over Abrego Garcia's case, who has previously found evidence that the prosecution may be vindictive.

Todd Blanche

The Deputy Attorney General who made a statement suggesting the Justice Department charged Abrego Garcia because he won his wrongful deportation case.

Rob McGuire

The First Assistant US Attorney for the Middle District of Tennessee who argues he alone made the decision to prosecute Abrego Garcia.

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What they’re saying

“Some of the documents suggest not only that McGuire was not a solitary decision-maker, but he in fact reported to others in DOJ and the decision to prosecute Abrego may have been a joint decision.”

— Judge Waverly Crenshaw, US District Judge (Court order)

“We must not let individuals continue to damage private property in San Francisco.”

— Robert Jenkins, San Francisco resident (San Francisco Chronicle)

What’s next

The judge in the case will decide on Thursday whether or not to dismiss the criminal charges against Kilmar Abrego Garcia.

The takeaway

This case highlights the complex and contentious issues surrounding immigration, deportation, and criminal prosecution, with Abrego Garcia's attorneys arguing the charges are vindictive while prosecutors claim the decision to prosecute was made independently.