Kilmar Abrego Garcia’s lawyers told a federal judge Wednesday that he deserves to be set free in the U.S. as payback for the suffering he faced after the Trump administration “illegally” deported him to a Salvadoran terrorist prison.

The request came as Mr. Abrego Garcia now faces major criminal accusations, including that he was part of a dangerous smuggling operation that brought hundreds of illegal immigrants into the U.S., and that he also smuggled drugs and guns and solicited nude photos of an underage girl.

But he is only charged, at this point, with the smuggling, which his lawyers said does not, on its own, rise to the level of pretrial detention.

“The government isn’t even entitled to a detention hearing in this case — much less detention. Mr. Abrego Garcia should be released,” the public defender said in filings with the federal court in Tennessee, where he is accused of making one of his smuggling trips.

The lawyers said he has no felony convictions on his record, doesn’t have a history of evading arrest and doesn’t have strong ties to a foreign country — though he is an illegal immigrant who is still a citizen of El Salvador, which is why that government was holding him in prison until the Trump administration asked for his return to face the new criminal charges.

Mr. Abrego Garcia was deported on March 15 as part of the three controversial planeloads of migrants sent to El Salvador. Most of those were Venezuelans deported under the Alien Enemies Act, though several dozen were Salvadorans accused of being MS-13 members.

Even if he wins his case before the Tennessee judge, the government has said it plans to hold him in immigration custody. That’s a different authority than being held in the criminal system, though practically the effect would be the same.

But Mr Abrego Garcia’s lawyers said his argument against being deported has, if anything, grown stronger after his previous deportation, which the lawyers said “illegally” sent him to El Salvador’s terrorist prison.

“Thus it appears he may now have a new basis … to seek additional protection against deportation to El Salvador,” the lawyers argued.

Before the criminal charges, the Trump team had insisted Mr. Abrego Garcia would never set foot in the U.S. again and said if for some reason he was brought back, then he could be immediately deported to El Salvador because he is a member of MS-13.

His lawyers, both in the criminal case and in the separate court case in Maryland over his deportation, have denied that.

• Stephen Dinan can be reached at sdinan@washingtontimes.com.