A federal judge in Tennessee has thrown out a criminal indictment against Kilmar Ábrego García, an undocumented immigrant who was wrongfully deported to a notorious Salvadoran prison. Judge Waverly David Crenshaw Jr ruled that the Trump administration would not have pursued the case had Ábrego not challenged his high-profile removal.
Ábrego, 30, was among 260 people sent to the Cecot anti-terrorism mega-prison in El Salvador on 15 March 2025, despite a court order blocking the flights. The administration later admitted the deportation was an “administrative error”. He was returned to the US in June after the Supreme Court intervened, but was immediately charged with human smuggling stemming from a 2022 traffic stop in Tennessee.
His lawyers argued the prosecution was retaliatory. Judge Crenshaw found “presumptive vindictiveness”, citing the timing of the charges and involvement of senior justice officials. “Thank God, my attorneys, and everyone who supported the fight for justice,” Ábrego said in a statement. “Justice is a big word, and I am grateful that today it has taken a step forward.”
Ama Frimpong of immigrant rights group We Are Casa called the case “a political vendetta”. She said: “This dismissal proves that retaliation against immigrant communities will not stand.” Ábrego, who fled gang violence in El Salvador at 16, now lives in Maryland with his wife and children.
