Nashville, Tennessee - Kilmar Abrego Garcia's lawyers called for charges to be dropped against him, saying he had been "vindictively and selectively" prosecuted by President Donald Trump's anti-immigrantadministration.
Lawyers for Kilmar Abrego Garcia (l.) have called for charges against him to be dropped because he'd been "vindictively and selectively" prosecuted by the Trump administration. © Collage: IMAGO/UPI Photo & AFP/Alex Wong/Getty ImagesAbrego Garcia's lawyers argued in a35-page-motionsent to a Tennessee courtthat people smuggling charges brought against him should be dropped on the grounds that he has been selectively prosecuted for political purposes.
Under federal law, criminal charges can be dismissed by a judge if it is determined that they were brought forward as part of an effort to punish someone for exercising their due process rights.
"Prosecutorial power, though vast, is not unlimited," the motion reads in its preliminary statement. "It cannot be used to punish someone for exercising his constitutional rights. Yet that is exactly what has happened here."
"Kilmar Abrego Garcia has been singled out by the United States government. It is obvious why. And it is not because of the seriousness of his alleged conduct," the filing argues.
"Nor is it because he poses some unique threat to this country. Instead, Mr. Abrego was charged because he refused to acquiesce in the government's violation of his due process rights."
The motion alleges that a group of senior officials in the Trump administration "sought vengeance" against Abrego Garcia and "began a public campaign to punish" him for fighting against his unlawful deportation to El Salvador.
Pressure has mounted on authorities to release Kilmar Abrego Garcia as his prosecution is increasingly seen as a political move by the Trump administration. © IMAGO/Imagn Images
Abrego Garcia wasdeported to the CECOT maximum security prison in El Salvador in March due to an "administrative error." He was returned to the USin June after months of pressure and an order from the Supreme Court.
While in prison, Abrego Garcia wasallegedly abused and tortured and held in highly unsanitary conditions. CECOT is notorious for brutal conditions and abuses of human rights.
Over the course of his imprisonment, high-ranking members in the US government, including President Donald Trump, have accused Abrego Garcia of being a gang member and repeatedly insulted him.
For months, the Trump administration delayed and evaded ordersthat Abrego Garcia be returned to the US.
"Motions to dismiss on the grounds of vindictive prosecution are very hard to win, so Mr. Abrego Garcia has a high hill to climb," said Aaron Reichlin-Melnick, a senior fellow at the American Immigration Council, in apost on X.
"That said, given the many, many public statements that the Trump administration have made about this case, I think this is likely a winnable one."
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