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A federal prosecutor acknowledged Thursday that the choice to cost Salvadoran migrant Kilmar Abrego Garcia two years after a routine site visitors cease was “extraordinary,” whereas defending the human smuggling case as legally justified.
Abrego Garcia, 31, has change into a flashpoint within the nationwide immigration debate since final March, when he was deported to El Salvador in violation of a 2019 court docket order in what Trump administration officers acknowledged was an “administrative error.”
The Supreme Court docket later dominated that the administration needed to work to convey him again to the U.S.
After returning in June, Abrego Garcia was taken into federal custody in Nashville and detained on human smuggling costs stemming from a 2022 site visitors cease in Tennessee.
He has pleaded not responsible and is looking for dismissal of the costs on the grounds of vindictive and selective prosecution.
Kilmar Abrego Garcia and his spouse Jennifer Vasquez Sura, left, are accompanied by Lydia Walther-Rodriguez, proper, of We Are Casa, as they depart the federal courthouse, Thursday, in Nashville, Tenn. (AP Photograph/George Walker IV)
A 2019 court docket order prevents Abrego Garcia from being deported to El Salvador after an immigration decide decided he confronted hazard from a gang that had threatened his household. He immigrated to the U.S. illegally as an adolescent and has been beneath the supervision of Immigration and Customs Enforcement (ICE).
Abrego Garcia was accused in court records of repeated home violence towards his spouse, who alleged a number of incidents of bodily abuse in protecting order filings. She later withdrew the protecting order request and has defended her husband publicly.
The Division of Homeland Safety has additionally mentioned he was dwelling within the U.S. illegally and has alleged ties to MS-13, disputing portrayals of him as merely a “Maryland man.” His attorneys have denied the gang allegations.
Tennessee Freeway Patrol physique digicam footage from when Abrego Garcia was pulled over for dashing exhibits a relaxed alternate with officers. Whereas officers mentioned suspicions of smuggling amongst themselves — noting there have been 9 passengers within the car — Abrego Garcia was issued solely a warning.
TENNESSEE BODYCAM OF ‘MARYLAND MAN’ TRAFFIC STOP SHOWS TROOPERS’ HANDS TIED DESPITE SMUGGLING CLUES
A lady holds an indication in assist of Kilmar Abrego Garcia in entrance of the U.S. District Court docket in Nashville. (Getty Photographs )
First Assistant U.S. Lawyer for the Center District of Tennessee Rob McGuire, who was appearing U.S. legal professional in April 2025, testified Thursday that his choice to charge Abrego Garcia was primarily based on the proof.
“I had beforehand prosecuted a number of human smuggling circumstances,” McGuire mentioned, noting that after seeing video of the site visitors cease, “I used to be instantly struck by how related what was being depicted within the physique cam was to these investigations.”
McGuire mentioned Abrego Garcia’s car belonged to somebody with “a human smuggling background” and added that the route was “suspicious.”
“It was numerous people touring in a single SUV with a driver who spoke for the group. Nobody had baggage… the automobile had Texas plates… the route was suspicious,” McGuire mentioned.
DEM JUDGE IN HOT SEAT AFTER DHS EXPOSES ‘WHOLE NEW LEVEL’ OF ACTIVISM, SHELTERING ILLEGAL IMMIGRANT
Kilmar Abrego Garcia arrived on the federal courthouse, Thursday, for a listening to on whether or not the costs towards him needs to be dismissed. (AP Photograph/George Walker IV)
Throughout cross-examination, McGuire acknowledged that the timing of the costs, coming so lengthy after the site visitors cease, was “extraordinary.”
He mentioned he had not beforehand been conscious of the site visitors cease however reiterated that no person within the Trump administration, together with the White Home or the Division of Justice, pressured him to hunt the indictment.
When requested about whether or not he may need felt stress to prosecute the case, McGuire mentioned, “I am not going to do one thing that’s mistaken to maintain my job.”
DHS OFFICIAL RIPS KILMAR ABREGO GARCIA FOR ‘MAKING TIKTOKS’ WHILE AGENCY FACES GAG ORDER
Kilmar Abrego Garcia, proper, and his brother Cesar Abrego Garcia, heart, arrive on the Immigration and Customs Enforcement subject workplace in Baltimore, Aug. 25, 2025. (AP Photograph/Stephanie Scarbrough)
McGuire additionally mentioned timing factored into charging Abrego Garcia since he was being held in El Salvador and he didn’t need the indictment to go public earlier than all senior officers had been briefed on the matter.
“I knew from the get-go that this was going to be a controversial matter,” McGuire mentioned.
U.S. District Judge Waverly D. Crenshaw didn’t make a ruling Thursday and mentioned he would wait to obtain post-hearing briefs from attorneys by March 5 earlier than figuring out whether or not one other listening to is important.
Crenshaw beforehand discovered some proof that the prosecution “could also be vindictive” and that prior statements by Trump administration officers “increase trigger for concern.”
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Thursday’s court docket look got here after a federal judge blocked the Trump administration from re-arresting Abrego Garcia into federal immigration custody on Feb. 17.
Fox Information Digital’s Breanne Deppisch and Jake Gibson, and The Related Press contributed to this report.
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