DOJ appealing dismissal of human trafficking charges against Abrego Garcia

Court Battles DOJ appealing dismissal of human trafficking charges against Abrego Garcia Comments: by Rebecca Beitsch - 06/23/26 9:33 AM ET Comments: Link copied by Rebecca Beitsch - 06/23/26 9:33 AM ET Comments: Link copied

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The Justice Department plans to appeal a federal judge’s decision to toss the criminal case against Kilmar Abrego Garcia after determining the case against the mistakenly deported man was vindictive in nature.

The ruling from U.S. District Court Judge Waverly Crenshaw was a massive victory for Abrego Garcia, who was deported to a notorious Salvadoran megaprison for several months despite a 2019 order from an immigration judge barring his return to his native El Salvador.

After months of pressure to return him, Abrego Garcia was brought back to the U.S. as the Trump administration announced he would face charges related to a 2022 traffic stop in Tennessee.

“The Court does not reach its conclusion lightly,” Crenshaw, an appointee of former President Obama who sits on the federal bench in Nashville, Tenn., wrote in the May ruling.

“The objective evidence here shows that, absent Abrego’s successful lawsuit challenging his removal to El Salvador, the Government would not have brought this prosecution,” he added at the time.

Abrego Garcia was hit with two human smuggling charges last year stemming from a 2022 traffic stop in Tennessee, when he was pulled over for speeding and seen transporting men without luggage. He pleaded not guilty.

“The evidence before this Court sadly reflects an abuse of prosecuting power,” Crenshaw wrote.

The notice of appeal filed by the DOJ does not preview any legal arguments but if successful would revive the case against Abrego Garcia, unwinding Crenshaw’s ruling and returning the case to continue in his court.