Federal Judge Dismisses Human Smuggling Charges Against Kilmar Abrego Garcia

A federal judge in Tennessee has dismissed human smuggling charges against Kilmar Abrego Garcia, a Salvadoran national who was previously deported in violation of a court order. U.S. District Judge Waverly Crenshaw ruled that the prosecution was retaliatory, stemming from Abrego Garcia's successful legal challenge to his deportation.

Abrego Garcia was deported to El Salvador in March 2025, despite a 2019 immigration court order granting him protection from deportation due to threats from gangs in his home country. Following his deportation, he was detained in a Salvadoran prison. After a federal judge ordered his return to the U.S., the Justice Department reopened a previously closed investigation related to a 2022 traffic stop in Tennessee, leading to human smuggling charges.

In his ruling, Judge Crenshaw stated that the government's actions reflected an abuse of prosecutorial power and that, without Abrego Garcia's successful lawsuit challenging his removal, the prosecution would not have been initiated.

The Department of Homeland Security criticized the decision, referring to it as "naked judicial activism," and indicated that Abrego Garcia's final order of removal remains in effect.

Abrego Garcia expressed gratitude for the dismissal, 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."