Kilmar Abrego Garcia, a man deported to El Salvador last year despite a court order protecting him, has won a major legal victory. On Friday, a federal judge dismissed the criminal human smuggling case against him, ruling that the government acted with potential vindictiveness.
Background of Kilmar Abrego Garcia’s Deportation
Abrego Garcia, who lived in Maryland with his wife and children, was deported to El Salvador’s CECOT mega-prison in March last year. This happened even though a 2019 court order prevented his deportation due to fears of persecution. The Trump administration claimed he was a member of the MS-13 gang, which Abrego Garcia denies.
He was later brought back to the U.S. in June to face human smuggling charges in Tennessee. While awaiting trial, U.S. District Judge Paula Xinis released him from ICE detention.
Judge Dismisses Charges Over “Vindictive Motive”
U.S. District Judge Waverly Crenshaw granted Abrego Garcia’s motion to dismiss the case. The judge said the government could not disprove the “presumption of vindictiveness.” The decision came after the Department of Homeland Security (DHS) reopened a closed investigation linked to a traffic stop in November 2022.
Judge Crenshaw wrote that public statements tied the reopened investigation to Abrego Garcia’s successful lawsuit, suggesting a political motive. He concluded, “Because the presumption of vindictiveness remains unrebutted, the indictment must be dismissed.”
Details of the Traffic Stop and Investigation
The Tennessee charges stemmed from a 2022 traffic stop. DHS issued a press release in April 2025 calling it a “bombshell investigative report” on Abrego Garcia, claiming he was a suspected human trafficker. The release included a screenshot from body camera footage of the stop.
During the stop, which lasted over an hour, Abrego Garcia was not charged or arrested. The footage showed troopers discussing suspicions of human trafficking because nine people were travelling in a vehicle without luggage.
Judge Crenshaw highlighted that the investigation seemed targeted at Abrego Garcia rather than the actual human smuggling, stating that officials aimed to justify his deportation.
Government Response and Reactions
A Justice Department spokesperson criticised the decision, saying, “Another activist judge has placed politics above public safety. The judge’s order is wrong and dangerous, and we will appeal.”
Abrego Garcia, represented by immigrant advocacy group CASA, said, “Justice is a big word and an even bigger promise to fulfill, and I am grateful that today, justice has taken a step forward.” His attorneys described him as “a victim of a politicized, vindictive White House” and celebrated his freedom.
High-Level DOJ Involvement
Judge Crenshaw noted that high-ranking DOJ officials were involved, including Associate Deputy Attorney General Aakash Singh, who called the case a “top priority.”
A 2025 memo from then-Attorney General Pam Bondi warned staff of possible termination if they did not follow administration goals.
The judge concluded that the government could not explain its sudden shift from wanting to deport Abrego Garcia to prosecuting him. He also quoted former Attorney General Robert H. Jackson, warning about the dangers of selective prosecution.
Current Status of Abrego Garcia
Abrego Garcia had pleaded not guilty to the Tennessee charges, which were set for trial in January. He continues to fight his deportation case in Maryland, where Judge Xinis has blocked the government from re-detaining him.
