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The U.S. Department of Justice (DOJ) has requested a federal appeals court to reinstate criminal charges against Kilmar Abrego Garcia, a native of El Salvador, whom the Trump administration mistakenly deported last year. The DOJ's appeal, filed on Monday (August 17), challenges a Tennessee federal judge's decision to dismiss the charges, which included human smuggling and conspiracy to commit human smuggling.
In May, U.S. District Judge Waverly Crenshaw dismissed the indictment, citing "vindictive prosecution" as the DOJ appeared to retaliate against Abrego Garcia for contesting his wrongful deportation. The DOJ, however, argues that the charges were based on evidence, not retaliation, and that the dismissal improperly expanded judicial power to assess prosecutorial motivations.
The case originated from a 2022 traffic stop in Tennessee, where Abrego Garcia was suspected of transporting people illegally. Despite these suspicions, he was initially let go with a warning. In March 2025, he was deported to El Salvador, which the Trump administration later admitted was an error.
The DOJ is now appealing to the Sixth Circuit Court of Appeals to reverse the dismissal, emphasizing that career prosecutors had legitimate reasons to pursue the charges. Abrego Garcia's defense team maintains that the prosecution was retaliatory, asserting that it was initiated after he successfully challenged his deportation.
Meanwhile, a federal judge has temporarily blocked efforts to deport Abrego Garcia to Liberia. The appeals process could take several months, during which Abrego Garcia's attorneys will have the opportunity to respond to the DOJ's arguments.