A federal judge dismissed the human smuggling case against Kilmar Abrego Garcia on Friday, which was brought by the Department of Justice. U.S. District Judge Waverly Crenshaw approved Abrego Garcia’s request to dismiss the case, stating that the government did not counter his claim of “presumption of vindictiveness.”
Abrego Garcia had been living in Maryland with his family but was deported to a large prison in El Salvador in March last year.
This happened despite a court order from 2019 that prevented his deportation to that country because of fears he would be persecuted. The Trump administration accused him of being part of the MS-13 gang, which he denies.
He was brought back to the U.S. in June to face charges related to human smuggling in Tennessee.
After this, U.S. District Judge Paula Xinis let him go from ICE detention while he awaited his trial.
In his ruling on Friday, Judge Crenshaw pointed out that a Department of Homeland Security (DHS) agent reopened an old investigation into a traffic stop from November 2022.
He noted that public comments connecting the reopened investigation to Abrego Garcia’s successful lawsuit give the impression of a vengeful motive behind the investigation.
Judge Crenshaw stated, “Since the presumption of vindictiveness stands unchallenged, the indictment must be dismissed.”
The charges in Tennessee were based on a traffic stop in 2022, which the Department of Homeland Security referred to in a press release in April 2025, claiming it had a significant report that linked the stop to Abrego Garcia as a suspected human trafficker.
The release included a screenshot of body camera footage from the stop.
During the traffic stop, which lasted over an hour, Abrego Garcia was neither charged nor arrested.
Body camera footage showed officers discussing their suspicions of human trafficking because nine people were in the vehicle without any luggage.
Judge Crenshaw criticized the investigation, saying that instead of figuring out who was responsible for the human smuggling, the investigation was directed at implicating Abrego Garcia to support the government’s choice to send him back to El Salvador.
A spokesperson for the Justice Department said in a statement that the judge’s ruling was politically motivated and dangerous, and they plan to appeal.
Abrego Garcia expressed gratitude, stating, “Justice is a big word and an even bigger promise to fulfill, and I am grateful that today, justice has taken a step forward,” in a statement from CASA, an immigrant advocacy group that assists him.
His lawyers claimed that he was a victim of a politically driven White House and its lawyers within the Justice Department, adding that they were happy he is a free man.
In his dismissal order, Judge Crenshaw noted the involvement of high-ranking officials within the DOJ, including Associate Deputy Attorney General Aakash Singh, who labeled the case as a “top priority” in emails.
He also referenced a memo from former Attorney General Pam Bondi threatening DOJ staff with possible termination if they did not support the administration’s objectives.
Judge Crenshaw concluded that while there wasn’t enough proof of actual vindictiveness, the government could not explain its sudden change from wanting to deport Abrego Garcia to prosecuting him.
“The evidence it claims is newly discovered could have been found with proper effort long before April 2025,” the judge remarked.
“Moreover, it does not justify the government’s shift from wanting to deport Abrego to prosecuting him instead.”
In his order, Crenshaw quoted former Attorney General Robert H. Jackson, saying, “The most dangerous power of the prosecutor is that he will target individuals he believes should be prosecuted rather than focusing on cases that truly need prosecution.”
Abrego Garcia was set to go on trial for the Tennessee charges, to which he pleaded not guilty, in January.
He is still contesting his deportation in Maryland, where Judge Paula Xinis has prevented the government from re-detaining him.
About the Author
