SouthernWorldwide.com – The U.S. Department of Justice (DOJ) has stated its intention to appeal a federal judge’s decision to dismiss human smuggling charges against Kilmar Abrego Garcia. The DOJ described the ruling as “wrong and dangerous.”
U.S. District Judge Waverly D. Crenshaw Jr. dismissed a two-count indictment in Tennessee against Abrego Garcia. The judge ruled that the DOJ’s actions constituted “vindictive and selective prosecution,” which violates the Fifth Amendment’s Due Process Clause.
Abrego Garcia faced charges for allegedly conspiring to smuggle approximately 600 illegal immigrants into the U.S. annually between 2016 and 2025. This information was provided by a cooperating witness.
The federal investigation began following a traffic stop in Tennessee in November 2022. The probe also involved suspected ties to the MS-13 gang and human trafficking activities.
Read more : Caitlin Clark Returns to Fever Lineup After Injury Absence
The case developed into a constitutional dispute after the executive branch deported Abrego Garcia to El Salvador in March 2025. This deportation was reportedly due to an alleged “administrative error.”
Abrego Garcia subsequently sued the government. The judicial branch, with the backing of the Supreme Court, unanimously ordered that his return to the U.S. should be “facilitated.”
Judge Crenshaw, an Obama appointee, observed that the Department of Homeland Security reopened an investigation into Abrego Garcia’s 2022 traffic stop just days after the Supreme Court’s ruling. This investigation had previously been closed.
According to court documents, high-ranking Justice Department officials, including Attorney General Pam Bondi and Deputy Attorney General Todd Blanche, then pursued an indictment.
In his 32-page memorandum, Crenshaw concluded that the DOJ’s swift shift from closing the case to prosecuting Abrego Garcia was a direct retaliation. This action was in response to his successful civil lawsuit.
The judge characterized the DOJ’s actions as an “abuse of prosecuting power.” He determined that the government would not have initiated this prosecution if Abrego Garcia had not successfully challenged his removal to El Salvador.
As a result of this finding, Crenshaw officially dismissed the indictment and vacated Abrego Garcia’s release conditions.
Senator Chris Van Hollen (D-Md.), who met with Abrego Garcia in El Salvador’s “Terrorism Confinement Center” (CECOT) megaprison after his deportation, praised the judge’s decision. He stated that the ruling makes it clear the DOJ engaged in a vindictive prosecution.
Van Hollen described the decision as a strong repudiation of what he termed the “Trump’s lawless DOJ” and a victory for constitutional rights in the nation.
