NASHVILLE, Tenn. (AP) — Kilmar Abrego Garcia, whose mistaken deportation has become a flashpoint in President Donald Trump’s immigration crackdown, on Friday will stand before a Tennessee judge who'll decide whether he can be released while awaiting trial on human smuggling charges.
Before the hearing began in Nashville, Abrego Garcia’s wife told a crowd outside a church that Thursday marked three months since the Trump administration “abducted and disappeared my husband and separated him from our family.”
Her voice choked with emotion, Jennifer Vasquez Sura said she saw her husband for the first time on Thursday. She said, “Kilmar wants you to have faith,” and asked the people supporting him and his family “'to continue fighting, and I will be victorious because God is with us.’”
Abrego Garcia is a citizen of El Salvador who had been living in the United States for more than a decade before he was wrongfully deported by the Republican administration in March. The expulsion violated a 2019 U.S. immigration judge’s order that shielded him from deportation to his native country because he likely faced gang persecution there.
While the Trump administration described the mistaken removal as “an administrative error,” officials have continued to justify it by insisting Abrego Garcia was a member of the MS-13 gang. His wife and attorneys have denied the allegations, saying he's simply a construction worker and family man.
Trump's administration returned Abrego Garcia to the U.S. last week to face criminal charges related to what it said was a human smuggling operation that transported immigrants across the country. The charges stem from a 2022 traffic stop in Tennessee during which Abrego Garcia was driving a vehicle with eight passengers. His lawyers have called the allegations “preposterous.”
U.S. attorneys have asked U.S. Magistrate Judge Barbara Holmes to keep Abrego Garcia in jail, describing him as a danger to the community and a flight risk. Abrego Garcia's attorneys disagree, pointing out he was already wrongly detained in a notorious Salvadoran prison thanks to government error and arguing due process and “basic fairness” require him to be set free.
The charges against Abrego Garcia are human smuggling. But in their request to keep Abrego Garcia in jail, U.S. attorneys also accuse him of trafficking drugs and firearms and of abusing the women he transported, among other claims, although he is not charged with such crimes.
The U.S. attorneys also accuse Abrego Garcia of taking part in a murder in El Salvador. However, none of those allegations is part of the charges against him, and at his initial appearance June 6, the judge warned prosecutors she cannot detain someone based solely on allegations.
One of Abrego Garcia’s attorneys last week characterized the claims as a desperate attempt by the Trump administration to justify the mistaken deportation three months after the fact.
“There’s no way a jury is going to see the evidence and agree that this sheet metal worker is the leader of an international MS-13 smuggling conspiracy,” private attorney Simon Sandoval-Moshenberg said.
In a Wednesday court filing, Abrego Garcia's public defenders argued the government is not even entitled to a detention hearing — much less detention — because the charges against him aren't serious enough.
Although the maximum sentence for smuggling one person is 10 years, and Abrego Garcia is accused of transporting hundreds of people over nearly a decade, his defense attorneys point out there's no minimum sentence. The average sentence for human smuggling in 2024 was just 15 months, according to court filings.
The decision to charge Abrego Garcia criminally prompted the resignation of Ben Schrader, who was chief of the criminal division at the U.S. Attorney's Office for the Middle District of Tennessee. He posted about his departure on social media on the day of the indictment, writing, “It has been an incredible privilege to serve as a prosecutor with the Department of Justice, where the only job description I’ve ever known is to do the right thing, in the right way, for the right reasons.”
He did not directly address the indictment and declined to comment when reached by The Associated Press. However, a person familiar with the matter who spoke on the condition of anonymity to discuss a personnel matter confirmed the connection.
Although Abrego Garcia lives in Maryland, he's being charged in Tennessee based on a May 2022 traffic stop for speeding in the state. The Tennessee Highway Patrol body camera video of the encounter that was released to the public last month shows a calm exchange between officers and Abrego Garcia. It also shows the officers discussing among themselves their suspicions of human smuggling before sending him on his way. One of the officers says, “He’s hauling these people for money.” Another says Abrego Garcia had $1,400 in an envelope.
Abrego Garcia was not charged with any offense at the traffic stop. Sandoval-Moshenberg, the private attorney, said in a statement after the video's release that he saw no evidence of a crime in the footage.
Meanwhile, the lawsuit over Abrego Garcia’s mistaken deportation isn’t over. Abrego Garcia’s attorneys have asked a federal judge in Maryland to impose fines against the Trump administration for contempt, arguing that it flagrantly ignored court orders forseveral weeks to return him. The Trump administration said it will ask the judge to dismiss the lawsuit, arguing that it followed the judge’s order to return him to the U.S.
___
This story has been corrected to show the Trump administration said that the human smuggling operation transported immigrants across the country, not that it brought immigrants into the country illegally.
___
Finley reported from Norfolk, Va.
