A federal judge in Tennessee has dismissed human smuggling charges against Kilmar Abrego Garcia, a Salvadoran man whose mistaken deportation to El Salvador last year became a flashpoint in the debate over U.S. immigration policy under President Donald Trump.
Charges Dropped for Vindictive Prosecution
U.S. District Judge Waverly Crenshaw, ruling from Nashville, granted Abrego Garcia's motion to dismiss the charges for what he termed "selective or vindictive prosecution." The judge found that the government would not have brought the case if not for Abrego Garcia's successful lawsuit challenging his removal.
In his ruling, Crenshaw cited statements by Trump administration officials, including then-Deputy Attorney General Todd Blanche, that suggested the Justice Department charged Abrego Garcia because he won his wrongful-deportation case. The judge noted that such remarks "raise cause for concern" and indicated a retaliatory motive.
Background of the Case
Abrego Garcia was charged with human smuggling and conspiracy to commit human smuggling, stemming from a 2022 traffic stop in Tennessee. Prosecutors alleged he accepted money to transport individuals who were in the country illegally. However, body camera footage showed a calm exchange with a highway patrol officer, and Abrego Garcia was allowed to drive away with only a warning.
A Department of Homeland Security agent testified that the investigation into the traffic stop did not begin until after the U.S. Supreme Court ordered the Trump administration to facilitate Abrego Garcia's return from El Salvador in April 2025.
Deportation Controversy
Abrego Garcia's deportation violated a 2019 immigration court order that granted him protection from removal, as a judge found he faced danger from a gang targeting his family. He is a Salvadoran citizen with an American wife and child, living in Maryland, though he entered the U.S. illegally as a teenager. The 2019 order allowed him to stay under ICE supervision but did not grant residency.
Trump administration officials have vowed to deport Abrego Garcia to a third country, most recently Liberia, despite the dismissal of charges.
