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DOJ Appeals to Reinstate MS-13 Smuggling Charges

8/18/2026

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Story summary
  • The U.S. Department of Justice appealed Monday to reinstate human smuggling charges against Kilmar Abrego Garcia, an MS-13 member.
  • Judge Waverly Crenshaw dismissed the charges in May, finding an unrebutted presumption of vindictiveness, while the DOJ says prosecutors have proof beyond reasonable doubt and the indictment is not vindictive.
  • Abrego Garcia’s lawyers call the indictment vindictive and link it to a White House directive issued after his Supreme Court win.