DOJ Moves to Revive Human Smuggling Case Against Kilmar Abrego Garcia After Judge Tossed Charges
The Justice Department is fighting to reinstate federal human smuggling charges against Kilmar Abrego Garcia, asking an appeals court to overturn a judge’s decision dismissing the prosecution earlier this year.
Federal prosecutors filed their appeal with the Sixth Circuit Court of Appeals, arguing that U.S. District Judge Waverly Crenshaw wrongly concluded that the prosecution was presumptively vindictive. The DOJ wants the original two-count indictment restored so Abrego Garcia can face trial.
Abrego Garcia was indicted in Tennessee in 2025 on charges of conspiracy to transport illegal immigrants and unlawful transportation of illegal immigrants for financial gain. Prosecutors have alleged that he participated in a years-long smuggling operation that transported people illegally throughout the United States.
The criminal investigation drew heavily from a 2022 traffic stop in Tennessee. Abrego Garcia was driving a vehicle carrying multiple passengers when authorities stopped him, but federal prosecutors did not charge him at the time.
The investigation was later reopened after Abrego Garcia became the center of a massive immigration controversy. The Trump administration had deported him to El Salvador in 2025 despite an immigration court order preventing his removal specifically to that country. He subsequently challenged the administration in federal court and was eventually returned to the United States.
After reopening the investigation, authorities interviewed additional witnesses. According to the government’s appellate filing, investigators obtained new evidence supporting allegations that Abrego Garcia worked as a driver in a human smuggling operation. One witness allegedly identified him as a “chauffeur,” while another provided information prosecutors say independently corroborated portions of the allegations.
Crenshaw dismissed the indictment in May, finding sufficient evidence of “presumptive vindictiveness.” The judge pointed to the timing of the renewed investigation and involvement of senior Justice Department officials, concluding that Abrego Garcia would not have faced the charges had he not successfully challenged his deportation. The judge stopped short of finding actual vindictiveness.
The Justice Department strongly disputes that conclusion. Prosecutors argue the district court applied the wrong legal standard and that then-Acting U.S. Attorney Rob McGuire independently decided to pursue the case after reviewing evidence and obtaining additional information.
The government also rejected the argument that statements from Attorney General Todd Blanche demonstrated an improper motive. Prosecutors maintain that Blanche’s remarks reflected a legitimate interest in protecting the public and examining allegations of criminal activity rather than retaliation against Abrego Garcia for exercising his legal rights.
The appeal could revive one of the most politically contentious immigration prosecutions of President Trump’s second term. Abrego Garcia became a prominent figure for Democrats and immigration activists following his deportation, while the administration has repeatedly emphasized allegations surrounding his background and conduct.
Abrego Garcia is also fighting the administration’s effort to deport him to a third country. Because an immigration judge previously barred his removal to El Salvador, the administration has explored sending him elsewhere, most recently Liberia, while Abrego Garcia has said he would accept removal to Costa Rica.
The Sixth Circuit will now decide whether Crenshaw’s dismissal should stand. If the Justice Department succeeds, the human smuggling indictment will be reinstated and Abrego Garcia could once again be headed toward a federal criminal trial.