Abrego Garcia lawyers accuse Trump of ‘vindictive’ prosecution in race to dismiss case

Salvadoran migrant Kilmar Abrego Garcia’s legal battle took a new turn as his lawyers filed a motion to dismiss the criminal case against him in federal court. The lawyers argued that the indictment handed down by the Trump administration was “vindictive” and amounted to selective prosecution.

The filing, submitted to U.S. District Judge Waverly Crenshaw in the Middle District of Tennessee, comes just days before Abrego Garcia is set to be released from federal custody. He was detained on human smuggling charges in May after a lengthy court fight following his return to the U.S. from El Salvador.

Both Crenshaw and U.S. Magistrate Judge Barbara Holmes had previously ruled that Abrego Garcia was eligible for release pending trial. However, concerns about immediate deportation led to a 30-day stay of his release.

The filing challenges the government’s allegations that Abrego Garcia is a member of the MS-13 gang, describing it as “fanciful.” It remains to be seen whether Judge Crenshaw will grant the motion to dismiss.

The legal battle surrounding Abrego Garcia has been complex, involving civil and criminal cases in multiple federal courts and spanning two continents. The upcoming deadlines in his cases will likely stir political backlash.

Abrego Garcia’s lawyers highlighted the timeline of events leading to his detention and the criminal investigation against him, suggesting that the case was brought for retaliatory reasons. They urged Judge Crenshaw to swiftly dismiss the indictment.

The motion to dismiss comes as Abrego Garcia’s expected release approaches, with Trump officials planning to take him into ICE custody for removal proceedings to a third country. The defense faces a challenging burden of proof in seeking dismissal based on selective or vindictive prosecution.

While such motions are rare, Abrego Garcia’s lawyers believe this case warrants dismissal on those grounds. As the legal saga continues, the outcome remains uncertain in what has become a high-profile immigration battle in Trump’s second term.

Breanne Deppisch, a national politics reporter for Fox News Digital, covers the Trump administration and national news, including the ongoing legal challenges faced by Kilmar Abrego Garcia.