Kilmar Abrego Garcia Faces Human Smuggling Charges After Mistaken Deportation

Mon Nov 03 2025 22:37:31 GMT+0200 (Eastern European Standard Time)

Hearings for Kilmar Abrego Garcia, a Salvadoran citizen mistakenly deported under Trump’s administration, resume in Tennessee as he fights human smuggling charges.

Kilmar Abrego Garcia is in court for motions related to human smuggling charges stemming from a 2022 traffic stop. His recent legal battles highlight questions of selective prosecution and the impact of President Trump’s immigration policies. Despite his legal troubles, Abrego Garcia seeks asylum in the U.S. after being mistakenly deported to El Salvador.

NASHVILLE, Tenn. — Kilmar Abrego Garcia, whose wrongful deportation mobilized public outrage against Donald Trump’s immigration policies, will face hearings on human smuggling charges in Tennessee this week.

U.S. District Judge Waverly Crenshaw is set to examine defense motions aimed at dismissing the charges and suppressing evidence. These developments are crucial for Abrego Garcia, a Salvadoran citizen living with his American wife and child in Maryland.

An Unjust Deportation

Abrego Garcia, who entered the U.S. illegally as a teenager, was granted protection from deportation in 2019 due to threats from gangs in El Salvador. However, earlier this year, he was mistakenly deported and briefly incarcerated in a notorious Salvadoran prison despite having no criminal history.

Following significant public pressure and a court order, he was returned to the U.S. in June, where he was slapped with human smuggling charges linked to a traffic stop in Tennessee.

The Charges at Hand

Abrego Garcia has been accused of human smuggling and conspiracy to commit smuggling after being stopped by Tennessee authorities for speeding, during which officers suspected smuggling activity. However, he was allowed to leave with just a warning.

The charges emerged following a Supreme Court ruling mandating the Trump administration to facilitate his return to the U.S.

Potential Bias in Prosecution

His defense argues for dismissal of the charges, suggesting selective or vindictive prosecution. Judge Crenshaw has indicated concerns over the motivations behind the charges, citing comments from Trump administration officials that raised alarms about the prosecution's intentions.

The prosecution, meanwhile, maintains that the charges stem from legitimate safety concerns.

Seeking Asylum

Despite his current legal issues and an inability to be deported back to El Salvador, Abrego Garcia faces the threat of deportation to other nations. Legal challenges against these deportation agreements have surfaced amid fears they may violate human rights.

In the meantime, he seeks asylum in the U.S., arguing that returning to El Salvador would put his life at risk.