Full Breakdown
DOJ Appeals Dismissal of Human Smuggling Charges Against Kilmar Abrego Garcia
6/23/2026, 5:25:33 AM
Appeal of Dismissed Human Smuggling Charges
The Department of Justice filed a notice of appeal on Monday with the U.S. Court of Appeals for the Sixth Circuit, challenging U.S. District Judge Waverly Crenshaw’s May 2025 ruling that dismissed the criminal human-smuggling indictment against Kilmar Abrego Garcia. The appeal was submitted just hours before the statutory deadline, leaving the case pending despite the judge’s finding of an unrebutted presumption of vindictiveness.
Background: Deportation, Protective Order, and Return
Abrego Garcia, a Maryland father, was mistakenly deported to El Salvador’s CECOT prison in March 2025 despite a 2019 immigration-court order that withheld removal because of a credible fear of persecution. The Trump administration claimed he was an MS-13 member, a charge he denies. After a video of his detention surfaced, he was returned to the United States in June 2025 and immediately faced human-smuggling charges in Tennessee stemming from a November 2022 traffic stop in which nine passengers were in his vehicle.
Timeline of Key Events
- Nov 2022 – Traffic stop in Tennessee; nine passengers, no luggage.
- Mar 2025 – Deportation to CECOT prison despite 2019 withholding order.
- Jun 2025 – Return to U.S.; indictment filed in Tennessee.
- Apr 2025 – DHS issues “bombshell” press release citing investigative report.
- May 2025 – Judge Crenshaw dismisses indictment, citing unrebutted vindictiveness.
- Jul 2025 – DOJ files appeal to Sixth Circuit.
Official Statements & Responses
The DOJ called the dismissal “wrong and dangerous” and labeled Judge Crenshaw an activist. In his opinion, Judge Crenshaw wrote that the government failed to rebut the presumption of vindictiveness and could not explain its sudden shift from seeking removal to filing criminal charges. DHS maintained that the April 2025 press release reflected newly discovered evidence, a claim the court rejected.
Criticism & Opposition
Civil-rights groups and Abrego’s attorneys argue the indictment was “preposterous” and driven by vindictive prosecution. They contend the government’s MS-13 allegation lacks evidentiary support and that the case threatens due-process protections for individuals shielded by withholding orders.
Verbatim Quotes
- “Because the presumption of vindictiveness remains unrebutted, the indictment must be dismissed,” — Judge Waverly Crenshaw
- “The evidence it labels as newly discovered was available to be obtained with due diligence long before April 2025,” — Judge Waverly Crenshaw
- “Even more, it does not explain the Government's change in position to remove Abrego and not prosecute him to then prosecute and not remove him.” — Judge Waverly Crenshaw
- “wrong and dangerous.” — Department of Justice spokesperson
What’s Next
The Sixth Circuit will review the DOJ’s appeal; its ruling could reinstate the indictment or uphold the dismissal. In the meantime, Judge Xinis continues to block any effort to re-detain Abrego in Maryland.
