DOJ asks appeals court to reinstate human smuggling case against Kilmar Abrego Garcia
DOJ Seeks to Revive Human Smuggling Prosecution Against Kilmar Abrego Garcia
Tyunews.com – The Department of Justice filed a brief on Monday urging an appellate court to reverse a May ruling that had dismissed the criminal human smuggling case against Kilmar Abrego Garcia. Attorneys representing the government contended that the choice to indict was grounded in "legitimate reasons" rather than any retaliatory impulse.
"The decision to seek an indictment against Abrego Garcia for human smuggling was made by career prosecutors based on the evidence, the law, and their firm belief that there is proof beyond a reasonable doubt that Abrego Garcia had committed the offenses charged," the DOJ said in a press release.
"The indictment and prosecution of Abrego Garcia in the Middle District of Tennessee was not vindictive, and the evidence before the district court established that it was not."
The Dismissal and the "Presumption of Vindictiveness"
In May, U.S. District Judge Waverly Crenshaw granted Abrego Garcia's motion to dismiss, concluding that the federal government had failed to overcome what she called the "presumption of vindictiveness" attached to the prosecution.
"Because the presumption of vindictiveness remains unrebutted, the indictment must be dismissed," Judge Crenshaw wrote in May.
In her ruling, Crenshaw drew attention to the role played by senior DOJ officials, citing public remarks made by then-Deputy Attorney General Todd Blanche. She concluded that the government could not adequately explain its abrupt pivot from seeking Abrego Garcia's deportation to pursuing criminal charges against him.
From Maryland to El Salvador and Back
Abrego Garcia had been residing in Maryland alongside his wife and children when, in March of last year, the Trump administration ordered his deportation to El Salvador's CECOT mega-prison. That action came despite a 2019 court order that had barred sending him to that country because of his fear of persecution. Officials asserted he belonged to the criminal organization MS-13, a claim he has consistently denied.
He was returned to the United States last June to answer human smuggling charges in Tennessee. Following his arrival, U.S. District Judge Paula Xinis ordered his release from ICE detention while he awaited trial.
The DOJ's Counter-Argument
In its Monday filing, the DOJ maintained that Blanche's remarks during an interview about the deportation matter "do not reflect a vindictive motive." The department further argued that nothing in those comments supported an inference that the United States brought charges "solely" to retaliate for Abrego Garcia's civil suit.
"The district court's contrary reasoning -- which did not even address the full quotation -- is illogical and clearly erroneous," the DOJ argued.
Origins of the Charges: A 2022 Traffic Stop
The Tennessee prosecution traces back to a November 2022 traffic stop, details of which were disclosed in an April 2025 press release from the Department of Homeland Security. That release touted a "bombshell investigative report" alleging Abrego Garcia was a suspected human trafficker. Notably, neither charges nor an arrest resulted from the stop itself, which lasted more than an hour.
"Instead of investigating the November 2022 traffic stop to identify who was responsible for the human smuggling, Blanche started the investigation to implicate Abrego," Judge Crenshaw wrote in May. "He did so to justify the Executive Branch's decision to remove him to El Salvador."
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