Salvadoran Immigrant Asks Judge to Dismiss Criminal Case

Kilmar Abrego Garcia claims prosecution is vindictive after his mistaken deportation was reversed

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 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 U.S. following his mistaken deportation to El Salvador.

Why it matters

This case highlights the complex and often contentious issues surrounding immigration enforcement, deportation, and the rights of undocumented immigrants in the U.S. Abrego Garcia's case has galvanized both sides of the immigration debate, raising questions about prosecutorial overreach and the treatment of immigrants who have established lives in the U.S.

The details

Abrego Garcia, 30, immigrated to the U.S. illegally as a teenager but has an American wife and child, and 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 work to bring him back. He now faces criminal charges of human smuggling based on a 2022 traffic stop in Tennessee, which he has pleaded not guilty to. Abrego Garcia's attorneys argue the prosecution is vindictive, citing statements by Trump administration officials that suggest he was charged because he won his wrongful-deportation case.

  • In 2019, an immigration judge determined Abrego Garcia faced danger in El Salvador and prevented his deportation to that country.
  • Abrego Garcia was deported to El Salvador last year, before the Supreme Court ruled the Trump administration had to work to bring him back to the U.S.
  • Abrego Garcia now faces criminal charges of human smuggling based on a 2022 traffic stop in Tennessee.

The players

Kilmar Abrego Garcia

A 30-year-old Salvadoran immigrant living in the U.S. with his American wife and child, who is asking a federal judge to dismiss human smuggling charges against him.

U.S. District Judge Waverly Crenshaw

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

Todd Blanche

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

Rob McGuire

The First Assistant U.S. 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, U.S. District Judge (Unsealed court order)

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

— Judge Waverly Crenshaw, U.S. District Judge (Unsealed court order)

What’s next

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

The takeaway

This case highlights the complex and often contentious issues surrounding immigration enforcement, deportation, and the rights of undocumented immigrants in the U.S., raising questions about prosecutorial overreach and the treatment of immigrants who have established lives in the country.