NASHVILLE, Tenn. (AP) — Kilmar Abrego Garcia, a Salvadoran citizen whose wrongful deportation fueled opposition to former President Donald Trump’s immigration policies, will attend hearings on Tuesday and Wednesday in Tennessee concerning the human smuggling charges against him.

U.S. District Judge Waverly Crenshaw is set to evaluate motions from Garcia's defense aimed at dismissing the charges based on claims of selective prosecution and challenges to the validity of evidence obtained during a 2022 traffic stop.

Background on Kilmar Abrego Garcia

Garcia has been a resident of Maryland for years, living with his American wife and child after immigrating illegally to the United States as a teenager. Granted protection from deportation in 2019 due to threats from gang violence in El Salvador, he mistakenly faced deportation this year to a dangerous prison in his home country.

Under pressure from the public and following court orders, the Trump administration returned him to the U.S. in June but soon charged him with human smuggling, which he pleads not guilty.

The Charges

The prosecution accuses him of accepting money to transport individuals illegally within the U.S., stemming from an incident during a traffic violation in Tennessee. Reports state that after a calm interaction with law enforcement, Garcia was allowed to continue his journey but the investigation was launched following the Supreme Court’s intervention regarding his deportation case.

Legal Developments

The motions submitted by Garcia's defense focus on allegations of “selective or vindictive prosecution” and highlight concerns raised by a statement from Deputy Attorney General Todd Blanche hinting that the charges stemmed from Garcia winning his prior wrongful deportation case.

Additionally, Garcia’s defense argues that the evidence from the initial traffic stop should be suppressed, as the stop may not have been lawful. The government counters that any errors made by the trooper do not invalidate the underlying traffic violation.

Current Immigration Status

While Garcia cannot currently be deported to El Salvador, alternative deportations have been proposed to countries including Uganda and Liberia. Garcia's asylum application is pending as he continues to navigate the complexities of U.S. immigration policy.