Judge Dismisses Criminal Case Against Kilmar Abrego Garcia
A federal judge in Tennessee has dismissed criminal charges against Kilmar Abrego Garcia related to human smuggling and conspiracy, saying the Department of Justice pursued the case only after the illegal alien won a lawsuit involving his wrongful deportation to El Salvador in March 2025.
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U.S. District Judge Waverly D. Crenshaw Jr., in his ruling, said the trafficking case was “vindictive.” Abrego Garcia previously won his wrongful deportation case out of Maryland at the end of last year, which required authorities to coordinate his return to the U.S.
“The evidence before this Court sadly reflects an abuse of prosecuting power,” Crenshaw said, granting Abrego Garcia’s motion of dismissal.
There was significant proof, Crenshaw said, that the human trafficking investigation was only re-opened after Abrego Garcia won his high profile immigration case out of Maryland. There were also statements from acting Attorney General Todd Blanche that corroborated the assertion that the government re-opened the 2022 traffic stop case in light of the Maryland judge’s decision, according to the ruling.
Homeland Security Investigations opened the original probe into Abrego Garcia in December 2022, around three weeks after a state trooper stopped Abrego Garcia and eight other Latino men in a van on I-40. Abrego Garcia was ultimately deported March 2025, but a Maryland judge said Immigration and Customs Enforcement lacked a removal order predicating Abrego Garcia’s arrest and deportation — and the investigation was closed.
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“From the time [an HSI agent] reopened the case, the investigation was marked by retaliatory taint,” Crenshaw wrote. “Blanche’s words directly confirm that the Executive Branch reopened the criminal investigation because the Judicial Branch required the Executive Branch to facilitate Abrego’s return from El Salvador.”
As of now, the criminal case is over, unless the DOJ successfully appeals to higher court. Abrego Garcia, however, is still working through deportation proceedings, as he agreed to be sent to Costa Rica.
The Department of Justice did not immediately respond to National Review‘s request for comment.
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