DOJ Urges Appellate Court To Reinstate Criminal Charges Against Abrego Garcia

Topline

The Justice Department on Monday urged a federal appellate court to reinstate criminal charges against Kilmar Abrego Garcia—who was mistakenly deported to El Salvador by the Trump administration last year—three months after a federal judge dismissed human smuggling charges brought against him.

Kilmar Abrego Garcia arrives for his first check-in at the U.S. Immigration and Customs Enforcement Baltimore Field Office the day after a federal judge ordered his release from a detention in Pennsylvania.

Getty ImagesKey Facts

In a filing made before the Sixth Circuit appeals court, the DOJ claimed the government had clear “probable cause and multiple legitimate bases to prosecute” Garcia and argued that the earlier ruling relied on “dubious assumptions” to drop the charges.

In his ruling that dropped the charges in May, Tennessee federal judge Waverly Crenshaw noted that the case reflected an “abuse of prosecuting power” and “vindictive motive” due to Garcia’s lawsuit challenging his deportation to El Salvador.

The latest filing argued that the DOJ reopened a criminal probe into Garcia after courts ordered his return to the country that it “previously closed following his removal,” and the human smuggling indictment was brought based on “new evidence.”

The filing also argued that acting U.S. Attorney Robert McGuire brought the case against Garcia based on a probe triggered by a 2022 traffic stop, and that he “himself had no stake in Abrego’s removal suit.”

The DOJ argued that the human smuggling charges were brought against Garcia due to legitimate concerns about his return to the country after a court reversed his deportation.

In the filing, the Justice Department urged the appeals court to reverse the Tennessee federal judge’s ruling dismissing criminal charges against Garcia.

What did The Tennessee Federal Judge Say In His Ruling?

“The evidence before this Court sadly reflects an abuse of prosecuting power. The Court does not reach its conclusion lightly. The objective evidence here shows that, absent Abrego’s successful lawsuit challenging his removal to El Salvador, the Government would not have brought this prosecution. The Executive Branch closed its investigation on the November 2022 traffic stop. Only after Abrego succeeded in vindicating his rights did the Executive Branch reopen that investigation,” Crenshaw said in his ruling.

key background

Garcia emerged as one of the high-profile cases targeted by the Trump administration’s mass deportation efforts shortly after President Donald Trump’s return to the White House. He was detained in March last year and deported to El Salvador, but White House Press Secretary Karoline Leavitt, and other administration officials, later admitted that the removal was due to a clerical error. The deportation drew strong condemnation from critics of Trump’s sweeping immigration crackdown, however, the Trump administration continued to allege without evidence that Garcia was a member of the MS-13 gang. Eventually a judge ruled that Garcia was removed from the country without proper legal justification and ordered the Trump administration to facilitate his return.

further reading

Judge Drops Indictment Against Mistakenly Deported Man Kilmar Abrego Garcia (Forbes)

Kilmar Abrego Garcia Again Detained By ICE—Could Be Deported To Uganda (Forbes)