Prosecutor admits timing of human smuggling charges against migrant was ‘extraordinary’

A federal prosecutor on Thursday described the timing of charges against Salvadoran migrant Kilmar Abrego Garcia as “extraordinary,” while defending the legality of the human smuggling case. The 31-year-old has become a focal point in the national immigration debate since he was deported to El Salvador last March in what officials called an “administrative error” by the Trump administration.

The Supreme Court later ordered the government to work to bring Abrego Garcia back to the United States. After his return in June, he was detained in Nashville on human smuggling charges stemming from a 2022 traffic stop in Tennessee. Abrego Garcia has pleaded not guilty and is seeking to dismiss the charges, alleging vindictive and selective prosecution.

Abrego Garcia is protected from deportation under a 2019 court order due to threats from a gang that had threatened his family. He entered the U.S. illegally as a teenager and has been under Immigration and Customs Enforcement supervision. Court records also accuse him of domestic violence against his wife, who later withdrew a protective order request and publicly defended him. The Department of Homeland Security has alleged ties to MS-13 but disputes portrayals of him as merely a “Maryland man.”

Tennessee Highway Patrol body camera footage from the traffic stop shows a calm exchange, with officers noting suspicions of smuggling but issuing only a warning to Abrego Garcia. Officers observed nine passengers in the vehicle, which had Texas plates and a suspicious route, according to court testimony.

First Assistant U.S. Attorney Rob McGuire testified that his decision to charge Abrego Garcia was based on evidence. He said the vehicle’s owner had a history of human smuggling and the route was suspicious. McGuire acknowledged the delay in charging was unusual but emphasized he was not pressured by anyone in the administration to pursue the case. He explained the timing was also influenced by the defendant’s detention in El Salvador and a desire to avoid premature publicity.

U.S. District Judge Waverly D. Crenshaw did not rule Thursday, opting to wait for briefs from attorneys before deciding if another hearing is needed. The judge previously noted concerns about potential vindictiveness and comments from Trump administration officials that raised questions about the case. The hearing followed a court order blocking the administration from re-arresting Abrego Garcia into immigration custody. The case continues to unfold as legal proceedings move forward.

Source: Original Article