Feb. 26 (UPI) -- In a court hearing Thursday, the Justice Department must convince a judge that it didn't prosecute Kilmar Abrego Garcia as retaliation for fighting his deportation.
Assistant U.S. Attorney Robert McGuire, based in Nashville, secured an indictment in 2025 against Abrego Garcia, who is undocumented and married to an American citizen, for human trafficking from a 2022 traffic stop in Tennessee. Abrego Garcia had nine passengers in the vehicle, and he was not arrested or given a ticket for the stop.
The government alleges he was the driver in a human smuggling conspiracy, but only after he was mistakenly deported to El Salvador in April 2025. The government returned him in May after court rulings demanded it and McGuire got the indictment.
Abrego Garcia's lawyers have argued that the prosecution is in retaliation for challenging his deportation. While vindictive prosecution is difficult to prove, U.S. District Judge Waverly D. Crenshaw has signaled that he may agree with Abrego Garcia's lawyers.
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