US DOJ asks federal appeals court to restore human smuggling charges against Kilmar Abrego Garcia: Here's why

The US Department of Justice (DOJ) on Monday (local time) asked a federal appeals court to reinstate charges against Kilmar Abrego Garcia, a Salvadoran man who was wrongfully deported by President Donald Trump's administration last year, marking a reversal of a lower court's order that found the charges to be vindictive in nature.

In May, a federal judge in Tennessee dismissed the human smuggling charges against Abrego Garcia, ruling that the DOJ had pursued the case in retaliation for his efforts to contest his wrongful deportation to El Salvador.

DOJ rejects 'vindictive' claim against Garcia's prosecution

In a filing submitted Monday to the US Court of Appeals for the 6th Circuit, the DOJ rejected the claim that the prosecution was vindictive, maintaining that it had “multiple legitimate bases to prosecute” Abrego Garcia, CBS News reported. In a news release, the Justice Department said, "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."

The DOJ further argued that the order issued by a Tennessee judge in May "marks a dramatic expansion of the power of courts to dismiss serious criminal charges based on subjective assessments of a prosecutor's motivations."

Garcia's lawyers react to DOJ's latest release

Reacting to the DOJ's latest release, Abrego Garcia's defense team called it "flat wrong" and said, "the indictment and prosecution of Abrego Garcia was, in fact, vindictive; the evidence before the district court established just that; and the proof was clear notwithstanding the DOJ's refusal to call the actual decision makers, including AG [Todd] Blanche, to testify under oath."

His team further said, "This case was initiated vindictively and on instructions from the White House after our client successfully won his Supreme Court case."

What did the Tennessee judge say in May?

Dismissing the charges against Abrego Garcia in May, Tennessee Judge Waverly Crenshaw noted that the DOJ's prosecution was "vindictive and selective," adding that without his "successful lawsuit challenging his removal to El Salvador, the government would not have brought this prosecution,” as he dismissed claims of “new evidence” against him.

In earlier court filings, the district judge said there was evidence suggesting the case against Abrego Garcia “may be vindictive” and noted that several statements from the Trump administration “raise cause for concern.” Crenshaw also pointed to a statement by then-Deputy Attorney General Todd Blanche that appeared to indicate the Justice Department brought the charges because Abrego Garcia had prevailed in his wrongful-deportation case.

What is the case against Abrego Garcia?

According to news agency AP, Abrego Garcia was accused of human smuggling and conspiracy to commit human smuggling. Prosecutors alleged that he received payment for transporting people who were already residing illegally in the United States.

The case originated from a 2022 speeding stop in Tennessee. Body-camera footage showed a routine and calm interaction between Abrego Garcia and a Highway Patrol officer. The vehicle was carrying nine passengers, prompting officers to privately discuss their suspicions of possible smuggling. However, Abrego Garcia was ultimately permitted to leave after receiving only a warning.

Separately, Abrego Garcia is involved in a federal court case in Maryland in connection with the Trump administration's ongoing efforts to deport him. Immigration and Customs Enforcement (ICE) has sought to deport him to Liberia in Africa, but a federal judge has temporarily prevented the removal.