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

Abrego Garcia claims prosecution is vindictive, pushed by Trump administration officials

Published on Feb. 26, 2026

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Kilmar Abrego Garcia, a Salvadoran immigrant whose mistaken deportation has galvanized both sides of the immigration debate, 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.

Why it matters

This case highlights the ongoing tensions around immigration enforcement, deportation, and the rights of undocumented immigrants in the US. Abrego Garcia's case has become a high-profile example of the challenges faced by immigrants who are caught up in the complex and often controversial immigration system.

The details

Abrego Garcia, 30, 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 the supervision of US Immigration and Customs Enforcement. After he was deported to El Salvador last year, the US Supreme Court ruled the Trump administration had to work to bring him back. He was eventually returned to the US, only to face criminal charges of human smuggling based on a 2022 traffic stop in Tennessee. Abrego Garcia claims the prosecution is vindictive, pushed by Trump administration officials who wanted to punish him.

  • Abrego Garcia was deported to El Salvador last year.
  • The US Supreme Court ruled the Trump administration had to bring Abrego Garcia back to the US.
  • Abrego Garcia was charged with human smuggling in 2022 based on a Tennessee traffic stop.

The players

Kilmar Abrego Garcia

A 30-year-old Salvadoran immigrant whose mistaken deportation has galvanized both sides of the immigration debate. He is asking a federal judge to dismiss human smuggling charges against him, claiming the prosecution is vindictive.

Donald Trump

The former US president whose administration is alleged to have pushed for the criminal prosecution of Abrego Garcia.

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 has argued that he alone made the decision to prosecute Abrego Garcia.

Waverly Crenshaw

The US District Judge who previously found some evidence that the prosecution against Abrego Garcia 'may be vindictive' and cited concerning statements by Trump administration officials.

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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)

“Many statements by Trump administration officials 'raise cause for concern.'”

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

What’s next

The judge in the case will hear arguments on Thursday on whether to dismiss the criminal charges against Kilmar Abrego Garcia.

The takeaway

This case highlights the ongoing tensions around immigration enforcement, deportation, and the rights of undocumented immigrants in the US. Abrego Garcia's case has become a high-profile example of the challenges faced by immigrants caught up in the complex and often controversial immigration system.