Full Breakdown
DOJ Appeals to Reinstate Human Smuggling Charges Against Kilmar Abrego García
8/19/2026, 2:45:34 AM
Core Event
On Monday, August 17, the U.S. Attorney’s Office for the Middle District of Tennessee filed a brief with the Sixth Circuit Court of Appeals requesting that the district court’s May 22 decision dismissing the human-smuggling and conspiracy charges against Salvadoran national Kilmar Abrego García be reversed. The appeal argues that the lower court misapplied precedent and that the prosecution was not motivated by vindictiveness.
Background & Context
Abrego García was first charged after a 2022 traffic stop in Tennessee in which a vehicle he was driving carried nine passengers. Prosecutors alleged he received payment for transporting individuals already residing illegally in the United States. The case gained national attention when Abrego García successfully challenged a prior deportation order under the Trump administration, leading to a Supreme Court decision that his removal to El Salvador was wrongful. In May, federal Judge Waverly Crenshaw dismissed the charges, finding a “presumption of vindictiveness” because the prosecution appeared to follow Abrego García’s lawsuit.
Official Statements & Responses
Judge Crenshaw’s May 22 opinion described the prosecution as “vindictive and selective,” noting statements from the Trump administration and a comment by then-Deputy Attorney General Todd Blanche that suggested the case was pursued in retaliation for the successful wrongful-deportation suit.
Criticism & Opposition
Abrego García’s defense team called the DOJ’s filing “flat wrong,” maintaining that the indictment was indeed vindictive and that the evidence cited by the district court was clear. The lawyers further alleged that the case was initiated on instructions from the White House after their client won the Supreme Court challenge.
Verbatim Quotes
- “The decision to seek an indictment against Abrego Garcia for human smuggling was made by career prosecutors based on the evidence, the law, and their firm belief that there is proof beyond a reasonable doubt that Abrego Garcia had committed the offenses charged.” — Justice Department — Justice Department
