Kilmar Abrego Garcia speaks during a rally and prayer vigil for him before he enters a U.S. Immigration and Customs Enforcement (ICE) field office on August 25, 2025 in Baltimore, Maryland.
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Andrew Harnik/Getty Images
A federal judge in Tennessee on Friday dismissed criminal charges against Kilmar Abrego García, an immigrant who was wrongfully deported to El Salvador.
Abrego Garcia was charged last year with human smuggling after being returned to the U.S. The charges stem from a 2022 traffic stop in Tennessee. He didn’t face charges then, but the Justice Department reopened an investigation into the traffic stop after a federal judge in Maryland ordered the Trump administration to facilitate his return from El Salvador.
In his ruling Friday, U.S. District Judge Waverly Crenshaw said the actions by then-Deputy Attorney General Todd Blanche “taints the investigation with a vindictive motive.”
“The reopening of the closed HSI investigation is the source of the vindictiveness,” Crenshaw said, referring to Homeland Security Investigations, which conducts federal criminal probes.
Crenshaw said the government would not have prosecuted Abrego Garcia if not for his successful lawsuit challenging his deportation to El Salvador.
“Blanche’s now unrebutted public statements tying the reopened investigation to Abrego’s successful lawsuit taints the investigation with a vindictive motive,” Crenshaw said. “The evidence before this Court sadly reflects an abuse of prosecuting power.”
In a statement, the Department of Homeland Security called the decision “naked judicial activism.” The agency also said Abrego Garcia’s final order of removal stands, saying “this Salvadorian is not going to remain in our country.”
Abrego Garcia in a statement said, “Justice is a big word and an even bigger promise to fulfill; and I am grateful that today, justice has taken a step forward.”
