Judge Tosses Kilmar Abrego Garcia Indictment, Citing Retaliatory Prosecution Claims
A federal judge dismissed human smuggling charges against Kilmar Abrego Garcia, ruling the Trump administration appeared to pursue the case in retaliation for his successful legal challenge against his deportation to El Salvador. Judge Waverly Crenshaw said prosecutors likely would not have revived the investigation if Garcia had not sued after being deported despite a prior court order protecting him from removal there.
Garcia became a national immigration flashpoint after the Supreme Court ordered the government to facilitate his return to the United States. The criminal case stemmed from a 2022 Tennessee traffic stop that originally did not lead to charges.
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The dismissal is one of several recent immigration-related legal setbacks for the Trump administration. Federal judges have also blocked re-detention efforts, questioned third-country deportation plans, and scrutinized executive claims involving removal authority and due process protections.
The Justice Department is expected to consider an appeal.
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