Kilmar Abrego Garcia arrives with his wife Jennifer Vasquez Sura and his attorney Simon Sandoval-Moshenberg (L) at U.S. District Court for the District of Maryland on Dec. 22, 2025, in Greenbelt, Maryland. (Alex Wong/Getty Images)
(WASHINGTON) — The Department of Justice has asked an appeals court to reinstate the criminal human smuggling case against Kilmar Abrego Garcia.
In May, a federal judge granted Abrego Garcia’s motion to dismiss the case, finding that the federal government failed to rebut Abrego Garcia’s “presumption of vindictiveness.”
“Because the presumption of vindictiveness remains unrebutted, the indictment must be dismissed,” U.S. District Judge Waverly Crenshaw wrote in May.
In a brief filed Monday, attorneys for the DOJ urged an appellate court to overturn Judge Crenshaw’s May ruling, arguing that the decision to indict Abrego Garcia was supported by “legitimate reasons.”
“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 said in a press release. “The indictment and prosecution of Abrego Garcia in the Middle District of Tennessee was not vindictive, and the evidence before the district court established that it was not.”
Abrego Garcia, who had been living in Maryland with his wife and children, was deported in March of last year to El Salvador’s CECOT mega-prison — despite a 2019 court order barring his deportation to that country due to a fear of persecution — after the Trump administration claimed he was a member of the criminal gang MS-13, which he denies.
He was brought back to the U.S. last June to face human smuggling charges in Tennessee, after which U.S. District Judge Paula Xinis released him from ICE detention while he awaited trial.
In May, Judge Crenshaw highlighted the involvement of high-ranking DOJ officials in the case, pointing to public statements made by then-Deputy Attorney General Todd Blanche to conclude that the government could not justify its sudden shift from wanting to deport Abrego Garcia to prosecuting him.
In its filing Monday, the DOJ argued that Blanche’s public comments in an interview regarding the deportation case “do not reflect a vindictive motive.”
“At a minimum, nothing in his interview supports an inference that the United States pursued charges ‘solely’ to retaliate against Abrego for his civil suit,” the DOJ argued. “The district court’s contrary reasoning — which did not even address the full quotation — is illogical and clearly erroneous.”
The criminal charges in Tennessee stem from a 2022 traffic stop disclosed in an April 2025 press release issued by the Department of Homeland Security, which touted a “bombshell investigative report” alleging that Abrego Garcia was a suspected human trafficker. He was not charged or arrested during the traffic stop, which lasted for more than an hour.
“Instead of investigating the November 2022 traffic stop to identify who was responsible for the human smuggling, Blanche started the investigation to implicate Abrego,” Judge Crenshaw wrote in May. “He did so to justify the Executive Branch’s decision to remove him to El Salvador.”
: Usha Vance talks reading challenge in exclusive interview (ABCNews.com)
(NEW YORK) — Usha Vance, the second lady of the United States, is rolling out her annual summer reading challenge for its second year in an effort to enhance childhood literacy and curb some of the summer reading loss that comes during the summer months, she told ABC’s Linsey Davis in an exclusive interview.
“It is the second one. Last year it was an idea that we had really at the last minute as we were thinking about ways to enhance childhood literacy and get kids reading over the summer and sort of stave off some of the summer learning loss that traditionally happens every year,” Mrs. Vance said. “So we did a little pilot program and it was a success beyond what we had hoped.”
“This year we’re having a big rollout all over the country,” she added, highlighting partnerships with schools, libraries and other institutions across the country.
The program’s aim is for children from kindergarten to eighth grade to read 12 books of their choice this summer.
“Our summer reading challenge is really simple. All kids have to do is pick up 12 books, anything that they like,” Mrs. Vance said. “If a kid likes reading about squirrels, as one did last year, read 12 books about squirrels. If a kid loves history, read books about history.”
“So you read those books, write them down on a log and send them to whitehouse.gov/read and we’ll receive them, send a certificate,” Mrs. Vance said.
Participants will receive a special prize, as well as a chance to visit the White House, according to Mrs. Vance, which she said she hoped would motivate kids to participate.
“We’ll also enter all of the kids into a raffle to come visit the White House, come spend some time in D.C., and sort of enjoy all that D.C. has to offer,” Mrs. Vance said.
Linsey Davis’ full exclusive interview with second lady Usha Vance will stream Monday at 7 p.m. ET on ABC News Live Prime.
A 15-year-old boy is rescued from a capsized boat off Alaska, Sept. 7, 2026. (Carlos Escartin)
(NEW YORK) — A 15-year-old boy survived atop a fishing vessel after it capsized in frigid waters off the coast of Alaska, while his two crew members died, according to the U.S. Coast Guard.
The Coast Guard pilot who spotted the lone survivor sitting atop the overturned boat in the Bering Sea called the rescue an “emotional roller coaster” in an interview with ABC News on Thursday.
“We are beyond excited and beyond grateful that we found him, and at the same time, we are overwhelmingly remorseful that we didn’t find the other two in time,” Lt. Cmdr. Jonathon Resch told ABC News correspondent Trevor Ault.
The 18-foot fishing vessel had departed Savoonga on St. Lawrence Island on Friday and was due back early Sunday, according to the Coast Guard. It was reported overdue Sunday night, prompting the search and rescue effort.
Due to weather conditions, the Coast Guard HC-130 Hercules aircrew wasn’t able to begin the search until Monday, according to the Coast Guard.
Resch spotted the teen sitting on top of the skiff Monday morning approximately 4 miles from St. Lawrence Island, calling it “nothing short of miraculous.”
“People don’t survive those scenarios,” he said. “People don’t flip boats and survive nights. They don’t do it in warm water, let alone in water that’s, you know, 40 degrees.”
The Coast Guard coordinated the rescue with a nearby good Samaritan vessel, Northwest Explorer.
The aircrew dropped flares and life rafts in the water to increase the visibility of the teen’s overturned boat while waiting for the Northwest Explorer to arrive, Resch said.
“That’s another miracle in itself,” Resch said of the boat rescue.
Video of the rescue showed the teen kneeling on the overturned skiff as he’s reeled in with a heaving line and then brought aboard the Northwest Explorer fishing vessel.
The 15-year-old survivor had symptoms of hypothermia, the Coast Guard said. The two deceased boaters were recovered from the water and transported along with the survivor to Nome.
The Coast Guard has not released the names of the deceased boaters or the survivor.
“Our hearts go out to the families, friends, and communities affected by the tragic loss of these two mariners,” Rear Adm. Bob Little, the commander of the Arctic District, said in a statement. “We are grateful for the incredible efforts of the motor vessel Northwest Explorer, Federal, State, Village first responders and mission partners who assisted in the effort that resulted in a life saved.”
