A federal judge dismissed human smuggling charges against Kilmar Abrego Garcia, ruling the Justice Department's prosecution was vindictive and designed to punish him for challenging his mistaken deportation. The judge found evidence of "presumptive vindictiveness" due to the timing of the charges and statements from Trump officials, an order the Justice Department vows to appeal.
A federal judge on Friday dismissed human smuggling charges against Kilmar Abrego Garcia, concluding that the Justice Department pursued the case vindictively to punish him for challenging his mistaken deportation to El Salvador last year. Abrego Garcia's deportation had previously embarrassed Trump officials when they were ordered to return him to the U.S. His defense argued the timing of the charges and inflammatory statements by top Trump officials demonstrated a vindictive prosecution. While not finding "actual vindictiveness," the judge found sufficient evidence of "presumptive vindictiveness," citing the timing of the indictment, statements by then-U.S. Deputy Attorney General Todd Blanche, and sustained oversight by top Justice Department officials. The government's explanations were deemed unconvincing. Abrego Garcia was charged with human smuggling and conspiracy based on a 2022 traffic stop where he was initially only warned. The judge noted that Homeland Security had closed the case after his deportation but reopened it only after the U.S. Supreme Court ordered his return. Despite this win, Abrego Garcia's future in the U.S. remains uncertain, as officials have threatened to deport him to African countries. His criminal defense attorneys hailed the ruling, calling him a "victim of a politicized, vindictive White House." The Justice Department, however, vowed to appeal the decision, calling it "wrong and dangerous." Abrego Garcia, a Salvadoran citizen with an American wife and child, had a 2019 immigration court order protecting him from deportation to El Salvador due to gang threats.
