NASHVILLE, Tennessee — A U.S. federal judge has dismissed criminal human-smuggling charges against Kilmar Abrego Garcia, ruling that the Justice Department’s prosecution was retaliatory and politically motivated after he challenged his mistaken deportation to El Salvador.
U.S. District Judge Waverly Crenshaw granted Abrego Garcia’s motion to dismiss the indictment on Friday, finding that the government reopened a previously closed 2022 investigation only after Abrego Garcia sued over his deportation. The judge concluded that the case showed “presumptive vindictiveness” and that prosecutors had failed to rebut claims that the charges were brought in retaliation.
The case stems from Abrego Garcia’s March 2025 deportation to El Salvador, despite a 2019 court order barring his removal to that country because of fears he could face persecution. The Trump administration later acknowledged the deportation was an administrative error. After the U.S. Supreme Court ordered officials to facilitate his return, prosecutors revived allegations linked to a 2022 traffic stop in Tennessee.
Abrego Garcia, a Salvadoran national who had been living in Maryland with his U.S. citizen wife and child, was charged with transporting undocumented migrants for financial gain and conspiracy. His lawyers argued that the prosecution was not based on new evidence, but on an effort to justify his return to the United States and punish him for embarrassing the administration in court.
Judge Crenshaw agreed that the timing and circumstances surrounding the indictment raised serious constitutional concerns. He cited statements from senior Justice Department officials and the reopening of a dormant investigation as evidence that the prosecution was tainted by improper motive.
The Justice Department criticised the ruling and said it would appeal. Officials have maintained that Abrego Garcia had no legal right to remain in the United States and have also alleged gang ties, which he denies.
The dismissal is a major legal victory for Abrego Garcia, but it does not end his immigration fight. The government may still seek to deport him to a third country, and separate immigration proceedings remain unresolved.
Civil liberties advocates welcomed the ruling, saying it affirmed limits on prosecutorial power and protected the right to challenge unlawful government action. The case has become one of the most closely watched immigration disputes of Trump’s second term, raising broader questions about due process, executive authority and political retaliation in the justice system.
