A federal judge on Friday dismissed the criminal human smuggling case against Kilmar Abrego Garcia, ruling that the Department of Justice failed to overcome his “presumption of vindictiveness.”
Background of the Case
Abrego Garcia, who previously lived in Maryland with his wife and children, was deported in March of last year to El Salvador’s CECOT mega-prison, despite a 2019 court order barring his removal due to fear of persecution. The Trump administration had claimed he was associated with the criminal gang MS-13, a charge he denies.
He was brought back to the United States in June to face human smuggling charges in Tennessee. U.S. District Judge Paula Xinis released him from ICE detention while awaiting trial.
Judicial Findings
In dismissing the case, U.S. District Judge Waverly Crenshaw cited the timing of a DHS agent’s decision to reopen a closed investigation into a November 2022 traffic stop. Judge Crenshaw wrote that public statements linking the reopened investigation to Abrego Garcia’s prior successful lawsuit suggested a vindictive motive.
“Because the presumption of vindictiveness remains unrebutted, the indictment must be dismissed,” Crenshaw said.
The traffic stop, which lasted over an hour, involved nine people traveling in a vehicle without luggage. Body camera footage showed Tennessee troopers questioning Abrego Garcia but not charging him. Judge Crenshaw noted that the government’s sudden focus on prosecuting him appeared politically motivated.
Department of Justice Reaction
A Justice Department spokesperson criticized 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 and his attorneys welcomed the ruling. “Justice is a big word and an even bigger promise to fulfill, and I am grateful that today, justice has taken a step forward,” he said in a statement through CASA, an immigrant advocacy group.
His legal team called him “a victim of a politicized, vindictive White House and its lawyers at what used to be an independent Justice Department.”
Political Pressure on DOJ
Judge Crenshaw’s order highlighted involvement from high-ranking DOJ officials, including Associate Deputy Attorney General Aakash Singh, who reportedly labeled the case a “top priority.” A February 2025 memo from former Attorney General Pam Bondi also warned DOJ staff of potential termination if they did not advance administration goals.
The judge noted that the government could not justify its abrupt shift from deporting Abrego Garcia to prosecuting him for human smuggling. “The evidence it labels as newly discovered was available to be obtained with due diligence long before April 2025,” Crenshaw wrote.
Quoting former Attorney General Robert H. Jackson, Crenshaw added: “Therein is the most dangerous power of the prosecutor: that he will pick people that he thinks he should get, rather than pick cases that need to be prosecuted.”
Next Steps for Abrego Garcia
Abrego Garcia had been scheduled for trial on the Tennessee charges in January, to which he pleaded not guilty. He continues to fight his deportation case in Maryland, where Judge Paula Xinis has blocked the government from re-detaining him.
