Human Smuggling Case Against Kilmar Abrego Garcia Resumes in Tennessee

Sun Nov 30 2025 23:51:48 GMT+0200 (Eastern European Standard Time)

Kilmar Abrego Garcia, whose wrongful deportation sparked criticism of the Trump administration's immigration policies, faces hearings on human smuggling charges. Details of accusations and motions to dismiss highlight ongoing legal battles.

Kilmar Abrego Garcia, a Salvadoran national previously wrongfully deported, appears in court for hearings related to human smuggling charges. The case draws attention due to past controversies surrounding the Trump administration's immigration policies. A U.S. District Judge will examine motions for dismissal and suppression of evidence amid claims of selective prosecution. Garcia currently cannot be deported to El Salvador but faces potential removal to other countries as legal battles continue.

NASHVILLE, Tenn. (AP) — Kilmar Abrego Garcia, whose mistaken deportation helped galvanize opposition to President Donald Trump’s immigration policies, has hearings on Tuesday and Wednesday in the human smuggling case against him in Tennessee.

U.S. District Judge Waverly Crenshaw will hear evidence on motions from the defense asking him to dismiss the charges and throw out some of the evidence.

Who is Kilmar Abrego Garcia?

Abrego Garcia is a Salvadoran citizen with an American wife and child who has lived in Maryland for years. He immigrated to the U.S. illegally as a teenager to join his brother, who had become a U.S. citizen. In 2019, an immigration judge granted him protection from being deported back to his home country, where he faces danger from a gang that targeted his family.

While allowed to live and work in the U.S. under Immigration and Customs Enforcement supervision, he was not granted residency status. Earlier this year, he was mistakenly deported and held in a notoriously brutal Salvadoran prison despite having no criminal record. Facing mounting public pressure and a court order, Trump’s administration brought him back to the U.S. in June, but only after issuing an arrest warrant on human smuggling charges in Tennessee. He has pleaded not guilty to those charges and asked Crenshaw to dismiss them.

What are the charges?

Abrego Garcia is charged with human smuggling and conspiracy to commit human smuggling, with prosecutors claiming he accepted money to transport within the United States people who were in the country illegally. The charges stem from a 2022 traffic stop in Tennessee for speeding. Body camera footage from a Tennessee Highway Patrol officer shows a calm exchange with Abrego Garcia. There were nine passengers in the car, and the officers discussed their suspicions of smuggling but ultimately allowed him to continue driving with just a warning.

A Department of Homeland Security agent testified at an earlier hearing that he did not begin investigating the traffic stop until after the U.S. Supreme Court ruled that the Trump administration must work to bring back Abrego Garcia.

What is the motion to dismiss about?

Abrego Garcia has asked Crenshaw to dismiss the smuggling charges on the grounds of “selective or vindictive prosecution.” Crenshaw found evidence that the prosecution against him may be vindictive, citing statements from Trump administration officials that raise concern. Both sides are currently debating whether senior Justice Department officials should testify concerning these statements.

What is the main motion to suppress evidence about?

Another motion from Abrego Garcia seeks to suppress evidence, claiming the traffic stop was illegal. Attorneys for Abrego Garcia argue that the state trooper inaccurately recorded speed limits and did not use radar to confirm speeds. Government attorneys counter that the trooper was sincere and that Abrego Garcia’s driving behavior justified the stop.

Is he being deported?

Currently, Abrego Garcia cannot be deported to El Salvador due to the 2019 settlement affirming that he has a “well-founded fear” of danger there. However, the Trump administration has suggested deportation to Uganda, Eswatini, Ghana, or Liberia. Advocacy groups have contested these deportation agreements based on claims of human rights violations in those countries. Abrego Garcia has applied for asylum in the U.S. as he navigates these legal complexities.