Federal prosecutor defends smuggling expenses in opposition to Abrego Garcia

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A federal prosecutor acknowledged Thursday that the choice to cost Salvadoran migrant Kilmar Abrego Garcia two years after a routine visitors cease was "extraordinary," whereas defending the human smuggling case as legally justified.

Abrego Garcia, 31, has grow to be a flashpoint within the nationwide immigration debate since final March, when he was deported to El Salvador in violation of a 2019 courtroom order in what Trump administration officers acknowledged was an "administrative error."

The Supreme Courtroom later dominated that the administration needed to work to deliver him again to the U.S.

After returning in June, Abrego Garcia was taken into federal custody in Nashville and detained on human smuggling expenses stemming from a 2022 visitors cease in Tennessee.

He has pleaded not responsible and is searching for dismissal of the fees 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 courtroom order prevents Abrego Garcia from being deported to El Salvador after an immigration choose decided he confronted hazard from a gang that had threatened his household. He immigrated to the U.S. illegally as a youngster and has been beneath the supervision of Immigration and Customs Enforcement (ICE).

Abrego Garcia was accused in courtroom information of repeated home violence in opposition to 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 residing 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 digital camera footage from when Abrego Garcia was pulled over for dashing reveals a relaxed change 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

<img src="https://a57.foxnews.com/static.foxnews.com/foxnews.com/content/uploads/2025/12/1200/675/woman-holds-kilmar-abrego-garcia-protest-sign.jpg?ve=1&tl=1" alt="A woman is seen holding a sign of Kilmar Abrego Garcia in front of the U.S. Court for the Middle District of Tennessee. Abrego Garcia was deported to El Salvador's CECOT prison earlier this year, in what Trump administration officials described as an 'administrative error.' Photo via Getty Images" width="1200" height="675"/> A lady holds an indication in assist of Kilmar Abrego Garcia in entrance of the U.S. District Courtroom in Nashville. (Getty Photos )

First Assistant U.S. Lawyer for the Center District of Tennessee Rob McGuire, who was performing U.S. lawyer in April 2025, testified Thursday that his resolution to cost Abrego Garcia was based mostly on the proof.

"I had beforehand prosecuted a number of human smuggling instances," McGuire mentioned, noting that after seeing video of the 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 automotive had Texas plates… the route was suspicious," McGuire mentioned.

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Kilmar Abrego Garcia arrived on the federal courthouse, Thursday, for a listening to on whether or not the fees in opposition to him needs to be dismissed. (AP Photograph/George Walker IV)

Throughout cross-examination, McGuire acknowledged that the timing of the fees, coming so lengthy after the visitors cease, was "extraordinary."

He mentioned he had not beforehand been conscious of the 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 might need felt strain to prosecute the case, McGuire mentioned, "I am not going to do one thing that's improper 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, middle, arrive on the Immigration and Customs Enforcement area 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 have 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 Decide 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 "elevate trigger for concern."

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Thursday's courtroom look got here after a federal choose blocked the Trump administration from re-arresting Abrego Garcia into federal immigration custody on Feb. 17.