TBA Law Blog


Posted by: Julia Wilburn on Aug 20, 2025

Lawyers for Kilmar Abrego Garcia have asked a federal judge to dismiss his human smuggling case, arguing the prosecution is a retaliatory effort by the Trump administration for their client's successful challenge to removal to El Salvador. The Associated Press reports they cite public attacks from Donald Trump and top officials as evidence of “vindictive prosecution,” claiming the government is trying to punish him and reshape public opinion after deporting him in 2019 despite a judge’s order protecting him from gang violence. Abrego Garcia was returned to the U.S. under a Supreme Court order to face the smuggling charges. The case arose from a 2022 Tennessee traffic stop. The legal team is seeking at least a hearing on the government’s motives. The Hill also reports on the developments.