Kilmar Abrego Garcia, who was wrongly deported in March before being brought back to the U.S., was released from criminal custody in Tennessee and is on his way to Maryland, an attorney for Abrego Garcia told ABC News.
The Salvadoran native had been in criminal custody since the federal government brought him back to the U.S. in June to face human smuggling charges.
Once he is released,immigration authorities will not be allowed to detain Abrego Garcia due to a ruling from a federal judge who last month ordered the government to return him to Maryland and blocked the administration from deporting him upon his release in Tennessee.”For the first time since March,our client Kilmar Abrego Garcia is reunited with his loving family,” said Simon Sandoval-Moshenberg. “While his release brings some relief, we all know that he is far from safe. ICE detention or deportation to an unknown third country still threaten to tear his family apart. A measure of justice has been done, but the government must stop pursuing actions that would once again separate him from his wife and children.”
Kilmar Abrego Garcia, leaves the putnam County Jail, Aug. 22, 2025, in Cookeville, Tenn.
Seth Herald/Reuters
Kilmar Abrego Garcia: Deportation, Re-arrest, and Claims of Vindictive Prosecution
Table of Contents
Kilmar Abrego Garcia, a man previously protected by a court order against deportation, was deported to El Salvador in march, then unexpectedly brought back to the U.S. to face human smuggling charges in Tennessee. His legal team is now alleging “vindictive and selective prosecution,” arguing the charges stem from his refusal to accept what they claim was an unlawful deportation. This case raises serious questions about due process and the potential for politically motivated prosecutions.
Background: Deportation Despite Court Order
In 2019, a court issued an order preventing Abrego Garcia’s deportation to El Salvador, citing fears of persecution. https://www.nbcnews.com/news/immigration/man-deported-el-salvador-despite-court-order-faces-smuggling-charges-rcna149918 Despite this order, the Trump administration deported him in March, alleging he was a member of the MS-13 gang – a claim his family and attorneys vehemently deny.
Re-arrest and Current Charges
Last month, Abrego Garcia was returned to the U.S. and charged in Tennessee with transporting undocumented migrants while residing in Maryland. He has pleaded not guilty to these charges. https://www.knoxnews.com/story/news/crime/2023/11/14/kilmar-abrego-garcia-deportation-smuggling-charges-tennessee/71526991007/
Allegations of Vindictive Prosecution
Abrego Garcia’s attorneys have filed a motion to dismiss the charges, accusing federal prosecutors of “vindictive and selective prosecution.” The 25-page filing asserts that the government pursued charges because Abrego Garcia challenged the legality of his deportation and refused to “acquiesce in the government’s violation of his due process rights.” https://www.nbcnews.com/news/immigration/man-deported-el-salvador-despite-court-order-faces-smuggling-charges-rcna149918 They argue he was “singled out” by the U.S. government.
What is Vindictive Prosecution?
vindictive prosecution occurs when a prosecutor brings charges against a defendant specifically to punish them for exercising a legal right, such as appealing a conviction or filing a civil lawsuit against the government. It’s a violation of due process under the Fifth and Fourteenth Amendments of the U.S. Constitution. Establishing vindictive prosecution requires demonstrating that the prosecution was initiated in retaliation for the defendant’s prior actions.
Trial Date
Abrego Garcia’s trial on the human smuggling charges is currently scheduled to begin on January 27,2027. https://www.knoxnews.com/story/news/crime/2023/11/14/kilmar-abrego-garcia-deportation-smuggling-charges-tennessee/71526991007/
Key Takeaways:
deportation Despite Protection: kilmar Abrego Garcia was deported to El Salvador despite a 2019 court order protecting him from deportation.
Alleged Retaliation: His attorneys claim the subsequent human smuggling charges are a form of retaliation for challenging his unlawful deportation.
Due Process Concerns: The case raises notable concerns about due process and the potential for politically motivated prosecutions.
long Road Ahead: The trial is not scheduled to begin until January 2027.
This case is ongoing and will likely draw further scrutiny as it progresses, particularly regarding the allegations of vindictive prosecution and the government’s handling of the initial deportation order. The outcome coudl have implications for how the government handles similar cases involving individuals with legal protections
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