Attorneys For Illegal Alien Kilmar Abrego Garcia Seek To Have Human Smuggling Case Dismissed

Image Credit: U.S. Immigration and Customs Enforcement & Lee Roberts / X

The Tennessee Conservative [By Olivia Lupia] –

As the legal battle over illegal alien Kilmar Abrego Garcia rages on, the Salvadoran national’s attorneys are now arguing to have his human smuggling charges dropped, claiming the case is an example of “selective and vindictive prosecution” by the Trump administration.

The new motion was filed by his attorneys on Tuesday, though Garcia is expected to be released on bond for pretrial release on Friday after rulings at the end of July granted him both the release and protection from immediate detainment and deportation by ICE.  

In the 35-page petition seeking to dismiss all charges against him, Garcia’s legal team admits their argument to dismiss the case is “infrequently made and rarely succeeds”, but that isn’t preventing them from justifying their cause anyways. 

They wrote, “But if there has ever been a case for dismissal on those grounds, this is that case. The government is attempting to use this case- and this Court- to punish Mr. Abrego for successfully fighting his unlawful removal. That is a constitutional violation of the most basic sorts.”

The defense’s argument is primarily predicated upon the presumption that Garcia’s human smuggling charges are only a result of the government attempting to remedy their initial removal of the alien to CECOT, a prison in his native El Salvador, which they have claimed was an illegal action by the government.

“The government did not take steps to fix its mistake. Instead, in response to his lawsuit — and to the substantial publicity it received — the government undertook a wide-ranging and unprecedented retribution campaign against Mr. Abrego,” they said. 

29-year-old Garcia, who has entered the country illegally as a teenager and is not an American citizen, also challenged his removal to El Salvador in a separate lawsuit in Maryland where he has resided for years with his wife and children.

Per the Department of Homeland Security (DHS), Garcia’s wife filed two separate petitions for protection, claiming domestic abuse against both herself and the children, and is a confirmed member of the MS-13 gang.  

A Tennessee grand jury also returned the indictments for human smuggling, finding that Garcia had played a significant role in an alien smuggling ring.

Then ICE announced intentions to immediately detain and deport Garcia upon pretrial release, sparking a custody battle with both federal prosecutors and defense attorneys attempting to keep him in federal custody until an ruling was procured from the Maryland judge ordering the return of Garcia to Maryland upon release and stop the Department of Homeland Security from immediately interfering with the ongoing legal cases.

The ruling barres DHS from remanding Garcia into immigration custody and further requires the government provide 72 hours’ written notice before attempting to remove him to a third country to allow the defendant adequate time to pursue his legal options.

Garcia’s defense team has also been attempting to have the Trump administration muzzled in speaking about the case, claiming Secretary of Defense Kristi Noem and other cabinet members have made statements about their client, like calling him a “horrible human being” and “a monster”, which they say could prejudice a jury against Garcia.

The trial is set to begin in January of 2026, and assuming the ruling will stand to have Garcia released on Friday, he will also be provided with a private security team retained by his defense attorneys with “experience providing court-approved pre-trial transportation and security services in criminal cases to transport Mr. Abrego from Tennessee to Maryland upon release.” 

Further details about security arrangements have been requested to be kept under seal by the lawyers to “protect Mr. Abrego’s safety.”

Should prosecutors oppose any of the conditions of Garcia’s release sought by his attorneys, a tentative hearing has been set for Friday by a federal magistrate.

About the Author: Olivia Lupia is a political refugee from Colorado who now calls Tennessee home. A proud follower of Christ, she views all political happenings through a Biblical lens and aims to utilize her knowledge and experience to educate and equip others. Olivia is an outspoken conservative who has run for local office, managed campaigns, and been highly involved with state & local GOPs, state legislatures, and other grassroots organizations and movements. Olivia can be reached at olivia@tennesseeconservativenews.com.