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Judge Dismisses Human‑Smuggling Case Against Kilmar Abrego Garcia

A federal judge found prosecutors reopened a closed investigation in retaliation for Garcia’s successful suit and ordered the indictment dismissed, a decision that could curb use of criminal charges as immigration leverage.

Overview

  • The Tennessee indictment was dismissed by U.S. District Judge Waverly D. Crenshaw Jr. on May 22 after he concluded the prosecution carried a presumption of vindictiveness that the government failed to rebut.
  • Crenshaw’s ruling rests on a timeline showing the government closed a 2022 traffic‑stop probe and then reopened it only after Garcia won a court fight to be returned from El Salvador, which the judge said tainted the case.
  • Garcia was mistakenly deported in 2025 to El Salvador’s CECOT prison despite a 2019 order barring his removal and ICE calling the action an administrative error, and courts later ordered his return to the United States.
  • The Department of Justice has said it will appeal the dismissal and defended the indictment as the product of local prosecutorial discretion, so the legal fight could clarify rules on prosecutorial vindictiveness.
  • Beyond Garcia’s case, the ruling raises questions about using criminal prosecutions alongside third‑country removal plans and it may affect how future immigration enforcement decisions are reviewed by courts.