Attorneys for Kilmar Abrego Garcia filed a motion on Tuesday to dismiss the criminal charges against him, alleging "vindictive and selective prosecution" by federal authorities. Abrego Garcia, who is currently in custody in Tennessee, could be released as soon as Friday when a temporary stay issued by U.S. Magistrate Judge Barbara Holmes expires.

The motion comes after a judge ruled last month that if Abrego Garcia is released, he must be returned to Maryland. In their 25-page filing, his attorneys argued that the charges stem from his refusal to accept what they described as the government's violation of his due process rights. "Kilmar Abrego Garcia has been singled out by the United States government," they stated.

Originally from El Salvador, Abrego Garcia was deported in March to a notorious mega-prison known as CECOT, despite a 2019 court order that prohibited his deportation due to fears of persecution. The Trump administration had claimed he was affiliated with the criminal gang MS-13, a claim he denies. He was brought back to the U.S. in May to face charges related to allegedly transporting undocumented migrants.

In their filing, Abrego Garcia's attorneys pointed out that he was stopped by the Tennessee Highway Patrol in 2022 and released without any charges. They argued that three years later, he was arrested as part of a broader immigration enforcement initiative targeting individuals with similar immigration statuses.

The attorneys criticized the government's response to Abrego Garcia's wrongful deportation, stating, "the government responded not with contrition, or with any effort to fix its mistake, but with defiance." They claimed that senior officials in the U.S. initiated a campaign to punish Abrego Garcia for challenging his deportation, which they argue led to the current criminal investigation.

The attorneys further asserted that the prosecution is a means of retaliation against Abrego Garcia for successfully contesting his unlawful removal. They described this as a "constitutional violation of the most basic sort" and called for the indictment to be dismissed.

Abrego Garcia's legal team also highlighted that the government did not pursue charges against him until after his deportation gained national attention. They argued that the timing of the charges suggests a retaliatory motive, stating, "the only possible explanation for the timing of the charges here is that the government chose to use this prosecution to punish Mr. Abrego for exercising his right to challenge the violations of due process."

The attorneys noted that the government is relying on a convicted smuggler as a key witness, who has been deported multiple times. They claimed this witness is receiving leniency from the government in exchange for cooperation, despite being the head of a smuggling operation, while Abrego Garcia is portrayed as merely a driver.

In addition to seeking the dismissal of charges, Abrego Garcia's attorneys are requesting his release from pre-trial detention once the stay on the order lapses. They have arranged for a private security group to transport him from Tennessee to Maryland if he is released. A federal judge in Maryland previously ordered that Abrego Garcia be returned to Maryland, where he has family, and blocked immediate re-detention by Immigration and Customs Enforcement (ICE) without notice.