MS-13 gang member Kilmar Abrego Garcia has moved to dismiss the case against him, arguing he was “singled out” by the federal government.
“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. 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 says. “Rather than fix its mistake and return Mr. Abrego to the United States, the government fought back at every level of the federal court system. And at every level, Mr. Abrego won. This case results from the government’s concerted effort to punish him for having the audacity to fight back, rather than accept a brutal injustice.”
According to the filing, the Trump administration has “gone to extreme lengths to make a criminal case” against Abrego Garcia, having “located and sought cooperation from multiple alleged co-conspirators who have already been sentenced, and who are cooperating down on Mr. Abrego, allegedly a mere driver in a smuggling conspiracy.”
Abrego Garcia is facing human trafficking charges related to a 2022 traffic stop in Tennessee. Upon being stopped, Tennessee Highway Patrol officers suspected human trafficking, stating on camera that Garcia was likely “hauling these people for money.” Despite these suspicions, officers only issued a citation for driving with an expired license and released him.
No one in the vehicle had luggage, and all passengers listed Abrego Garcia’s address as their own.
