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Abrego Garcia pushes to toss criminal charges he says amount to ‘vindictive’ prosecution

Garcia's defense claims the Department of Justice is retaliating for his legal fight against wrongful deportation, seeking dismissal of human smuggling charges amid complex federal court battles.

  • In a court filing this week, Abrego Garcia's legal team argued for dismissal of his human smuggling indictment in the Middle District of Tennessee, alleging vindictive prosecution just days before his Friday release.
  • After a mistaken March deportation to El Salvador's CECOT mega-prison, Kilmar Abrego Garcia was flown back to the U.S. in June following a U.S. Supreme Court order in April.
  • Their motion highlights public statements by Trump administration senior officials and internal DOJ miscues, noting a Justice Department attorney called the deportation an `administrative error` before being placed on leave and fired.
  • U.S. Magistrate Judge Barbara Holmes's 30-day stay pauses Kilmar Abrego Garcia's release until Friday; if released, Maryland orders require transfer there with 72 hours' ICE notice, and his trial is set for January 2026.
  • Viewed broadly, the case has become a high-profile test of the Trump administration's immigration agenda, spanning two continents and prompting Ben Schrader's resignation amid fears of political backlash.
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Kilmar Abrego García's attorneys on Tuesday accused U.S. Department of Justice (DOJ) prosecutors of "vindictive and selective prosecution" and filed a motion to dismiss the human trafficking charges against him.

·San Diego, United States
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The Washington Post broke the news in on Tuesday, August 19, 2025.
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