Justice Department Accused of Retaliatory Prosecution Against Deported Father Kilmar Abrego Garcia
The legal team representing Kilmar Abrego Garcia has petitioned United States District Judge Waverly Crenshaw, presiding over his criminal case, to dismiss the human trafficking charges against him. The petition, filed on Tuesday, asserts that the Department of Justice is retaliating against Abrego Garcia for challenging his unlawful deportation to El Salvador earlier this year.
Abrego Garcia, a father of three from Maryland, was wrongfully deported in violation of a court order prohibiting his removal. In response, he filed a lawsuit, which the government has contested at every level of the federal court system. The lawyers argue that the government’s prosecution is an attempt to punish Abrego Garcia for fighting against his unjust deportation.
The lawyers are requesting Crenshaw, an appointee of former President Barack Obama, to dismiss the two counts filed against Abrego Garcia due to what they perceive as selective or vindictive prosecution. They claim that this is a rare case warranting such dismissal, as the government is allegedly using the case and the court to punish Abrego Garcia for successfully contesting his illegal removal.
The filing cites statements from various administration officials, including President Donald Trump and Attorney General Pam Bondi, to support their argument that the prosecution serves to justify the officials’ claims that his deportation was justified. The traffic stop at the heart of the government’s case against Abrego Garcia occurred several years ago, a fact that his lawyers argue demonstrates discriminatory intent.
The filing also highlights that it took the government 903 days from the date of the traffic stop in November 2022 to secure an indictment in May 2025. They could not find any comparable case within the federal circuit responsible for appeals arising from Tennessee and several other states.
Abrego Garcia’s trial is scheduled for January 2026. Last month, Crenshaw refused to overturn a separate judge’s decision granting Abrego Garcia bail while he awaits trial. However, he remains in custody following a one-month pause in the release order by the magistrate judge in his case. This pause is due to expire later this week.
Meanwhile, the federal judge in Maryland overseeing the case brought by Abrego Garcia and his family against officials seeking his return from El Salvador has barred the administration from immediately deporting him upon his release from criminal custody. This ruling, issued by US District Judge Paula Xinis, an Obama appointee, aims to restore Abrego Garcia to his previous immigration status and protect his due process rights should officials attempt to remove him from the U.S. a second time.