In a significant legal maneuver, the Justice Department is seeking to reinstate charges against Kilmar Abrego Garcia, a man previously deported to a prison in El Salvador due to an administrative error. A federal appeals court is now being urged to reconsider a prior ruling that dismissed the charges, which a judge had described as an “abuse of prosecuting power.”
Earlier this year, U.S. District Judge Waverly Crenshaw dismissed human smuggling charges against the Salvadoran national, citing concerns that the Justice Department, under the Trump administration, might have pursued the case for political reasons. The judge’s decision followed Abrego Garcia’s successful lawsuit against the government over his erroneous deportation in 2025.
Although Crenshaw did not find “actual vindictiveness” on the part of the government—a legal standard that requires explicit evidence of retaliatory intent—he noted “presumptive vindictiveness.” This presumption was partly based on the timing of the indictment, which was filed only after Abrego Garcia had been ordered back to the United States.
Abrego Garcia’s legal troubles began with a 2022 traffic stop in Tennessee, which led to the human smuggling charges. However, Homeland Security was aware of this incident long before his deportation, only taking action after he successfully challenged his removal.
Statements made by U.S. Attorney General Todd Blanche, who was then a deputy, implied that the charges were linked to Abrego Garcia’s victory in the wrongful-deportation case. These statements were interpreted by Judge Crenshaw as evidence of the Justice Department’s targeting of Abrego Garcia.
In a recent appeal filed with the 6th U.S. Circuit Court of Appeals, federal prosecutors contended that Judge Crenshaw’s conclusions were incorrect. They argued that Blanche’s statements reflected a legitimate concern for public safety and the need to confirm the government’s claims about Abrego Garcia’s alleged criminal activities.
The Justice Department maintains that the actual decision to press charges was made by then-Acting U.S. Attorney for the Middle District of Tennessee, Rob McGuire, and not influenced by Blanche’s statements. Crenshaw, however, noted significant involvement from top Justice Department officials, which he believed compromised the integrity of the case.
Currently, Abrego Garcia, who lives in Maryland with his American family, is fighting deportation under a separate case. Despite a 2019 immigration judge’s order allowing him to stay in the U.S. due to fears of violence from gangs in El Salvador, the Trump administration has considered deporting him to third-party countries like Uganda, Eswatini, Ghana, and Liberia.
Abrego Garcia has expressed willingness to be deported to Costa Rica, which has agreed to accept him, but U.S. authorities have yet to approve this option. Meanwhile, his legal battle against deportation to Liberia continues in federal court in Maryland.
