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

Attorneys argue charges are retaliation for Abrego Garcia's successful fight against wrongful deportation

Published on Feb. 26, 2026

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Kilmar Abrego Garcia, a Salvadoran immigrant living in the U.S. with his American wife and child, is asking a federal judge in Tennessee to dismiss human smuggling charges against him. Abrego Garcia's attorneys claim 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 U.S. following his mistaken deportation to El Salvador.

Why it matters

This case highlights the ongoing tensions around immigration enforcement and the rights of undocumented immigrants, especially those with strong family ties in the U.S. Abrego Garcia's case has galvanized both sides of the debate, with his supporters arguing the charges are retaliatory while his critics say he should face consequences for alleged human smuggling.

The details

In 2019, an immigration judge determined Abrego Garcia faced danger in El Salvador from a gang that had threatened his family, preventing his deportation. However, he was mistakenly deported last year, only to be brought back to the U.S. by court order. He now faces human smuggling charges stemming from a 2022 traffic stop in Tennessee, where officers found nine passengers in his car. Abrego Garcia was initially allowed to continue driving with just a warning, but was later charged.

  • In 2019, an immigration judge ruled Abrego Garcia could not be deported to El Salvador due to safety concerns.
  • Abrego Garcia was mistakenly deported to El Salvador in 2022.
  • Abrego Garcia was brought back to the U.S. in 2022 after a court order.
  • Abrego Garcia was charged with human smuggling in 2022 following a traffic stop in Tennessee.

The players

Kilmar Abrego Garcia

A Salvadoran immigrant living in the U.S. with his American wife and child, who is fighting criminal charges of human smuggling that he claims are vindictive.

U.S. District Judge Waverly Crenshaw

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

Todd Blanche

A Deputy Attorney General whose statement suggesting the Justice Department charged Abrego Garcia because he won his wrongful deportation case raised concerns with the judge.

Rob McGuire

The First Assistant U.S. Attorney for the Middle District of Tennessee, who has argued that 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.”

— U.S. District Judge Waverly Crenshaw (Court order)

What’s next

The judge will hear arguments on Thursday about whether the charges against Abrego Garcia should be dismissed due to alleged vindictiveness.

The takeaway

This case highlights the complex and often contentious intersection of immigration enforcement, due process, and allegations of retaliation against those who successfully challenge deportation orders.