Overview
- Federal prosecutors filed a notice of appeal to the 6th U.S. Circuit Court of Appeals on Monday to challenge the May dismissal of human smuggling and trafficking counts against Kilmar Abrego Garcia.
- U.S. District Judge Waverly Crenshaw dismissed the Tennessee indictment on May 22, writing that the evidence showed the prosecution was brought vindictively in response to Abrego Garcia's successful lawsuit challenging his removal.
- Abrego Garcia was mistakenly deported to the CECOT prison in El Salvador in March 2025 despite a 2019 court order barring his return, and the Justice Department revived the charges almost immediately after the Supreme Court ordered his return that June.
- A Maryland federal judge has barred the government from re-arresting Abrego Garcia while separate proceedings over his deportation continue, even as the government signals plans to seek new removal destinations such as Liberia.
- The case raises broader questions about prosecutorial power and immigration enforcement under President Trump, including allegations of selective prosecution and executive efforts to circumvent court orders, and it has direct human consequences for Abrego Garcia, who says he was mistreated while detained in El Salvador.