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PoliticsMay 22

Judge Dismisses Criminal Charges Against Kilmar Abrego Garcia, Citing Vindictive Prosecution

Federal judge dismissed human smuggling charges against wrongfully deported Maryland man, finding Justice Department prosecution was vindictive.

Synthesized from 13 sources

A federal judge dismissed criminal charges against Kilmar Abrego Garcia on Friday, ruling that the Justice Department's prosecution of the Maryland man was vindictive and politically motivated. U.S. District Judge Waverly Crenshaw in Nashville found that the government would not have brought the human smuggling case without Garcia's successful legal challenge to his mistaken deportation.

Garcia was charged with human smuggling and conspiracy to commit human smuggling stemming from a 2022 traffic stop in Tennessee. Police stopped Garcia for speeding and found nine passengers in his vehicle, leading to suspicions of smuggling. However, he was initially released with only a warning, and Homeland Security had closed the case when he was later deported.

The case was reopened after Garcia successfully challenged his deportation to El Salvador, which violated a 2019 immigration court order granting him protection from removal due to gang threats in his home country. Garcia, a Salvadoran citizen with an American wife and child, had been living in Maryland for years under Immigration and Customs Enforcement supervision following the court's protection order.

Judge Crenshaw found evidence of "presumptive vindictiveness" in the prosecution, citing the timing of the indictment after Garcia's successful deportation challenge and statements by top Justice Department officials. The judge wrote that "the evidence before this court sadly reflects an abuse of prosecuting power" and that the case was "thoroughly tainted."

The Justice Department announced it would appeal the dismissal, calling the judge's order "wrong and dangerous." Garcia's deportation had become an embarrassment for the Trump administration when courts ordered his return to the United States. Despite the criminal case dismissal, his immigration status remains uncertain, with officials reportedly considering deportation to African countries including Liberia.

Sources (13)

Bias Scale:
LeftCenterRight
68 · Right
40Moderate Trust
0 · Center
79Trust
12 · Lean Left
84High Trust
8 · Lean Left
88High Trust
22 · Lean Left
75Trust
0 · Center
77Trust
18 · Lean Left
68Trust
0 · Center
85High Trust
10 · Lean Left
78Trust

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