US Judge Dismisses Kilmar Abrego Garcia Trafficking Charges, Citing Political Vindictiveness
A US federal judge has dismissed the criminal case against Kilmar Abrego Garcia, who was wrongfully deported to a megaprison in El Salvador last year. The judge determined the prosecution for human smuggling was politically motivated, designed to justify the Trump administration's earlier unlawful actions.
Court Cites 'Presumption of Vindictiveness'
US District Judge Waverly Crenshaw wrote in her opinion that the court “does not reach its conclusion lightly.” She stated that the case was launched solely to legitimise the government's decision to deport Mr. Garcia, and that the administration had failed to rebut the “presumption of vindictiveness.” The judge explicitly noted that the prosecution would not have occurred had Mr. Garcia not successfully challenged his removal to El Salvador. An investigation into the 2022 traffic stop, where he was found with several individuals in his vehicle, had been closed by the Executive Branch, only to be reopened after Mr. Garcia vindicated his rights.
The Justice Department has not yet commented on Friday's decision. Previously, federal prosecutors maintained the case was apolitical, asserting charges were brought because “the evidence pointed to Abrego Garcia having committed a crime.”
Background to Deportation and Re-arrest
Kilmar Abrego Garcia, who is married to an American citizen and has resided in Maryland for years, entered the US from El Salvador illegally as a teenager. In 2019, he was arrested and detained by federal immigration authorities in Maryland. A judge initially granted him protection from deportation, acknowledging the risk of persecution by a gang in his home country. However, the Trump administration deported him to El Salvador in March 2025, despite this ruling. The US Supreme Court subsequently ordered his return. He was held in CECOT, a notorious El Salvador megaprison, for months after the court order, only being brought back to the US once human trafficking charges had been secured against him.
Upon his return to the US last June, Mr. Garcia was arrested and taken to Tennessee to face the charges. His lawyers sought dismissal, arguing the Justice Department was pursuing a vindictive prosecution. In August, he was again arrested in Baltimore during an immigration meeting and held until another judge ordered his release. A judge also barred the government from removing Mr. Garcia to a third country, following reports that the Trump administration had considered sending him to Uganda.
Democratic Senator Chris Van Hollen, who visited Mr. Garcia during his detention in El Salvador, celebrated the ruling, stating on X that a federal judge had confirmed “what we've known all along, the Trump admin was engaged in a vindictive prosecution against Kilmar Abrego Garcia.”