(WASHINGTON) — A federal judge on Friday dismissed the criminal human smuggling case brought by the Department of Justice against Kilmar Abrego Garcia.
U.S. District Judge Waverly Crenshaw granted Abrego Garcia’s motion to dismiss, finding that the federal government failed to rebut Abrego Garcia’s “presumption of vindictiveness.”
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 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. in June to face human smuggling charges in Tennessee, after which U.S. District Judge Paula Xinis released him from ICE detention while he was awaiting trial.
Judge Crenshaw, in his decision Friday, wrote that the timing of a DHS agent’s decision to reopen a closed investigation of a November 2022 traffic stop, and that “now unrebutted public statements tying the reopened investigation to Abrego’s successful lawsuit taints the investigation with a vindictive motive.”
“Because the presumption of vindictiveness remains unrebutted, the indictment must be dismissed,” Crenshaw said.
The criminal charges in Tennessee stem from a 2022 traffic stop that was disclosed in an April 2025 press release issued by the Department of Homeland Security, which said it had a “bombshell investigative report” regarding the stop, alleging that Abrego Garcia was a suspected human trafficker. The release included a screengrab of body camera video from the traffic stop.
Abrego Garcia was not charged or arrested during the traffic stop, which lasted for more than an hour. Body camera footage showed Tennessee troopers — after questioning Abrego Garcia — discussing among themselves their suspicions of human trafficking because nine people were traveling in the vehicle without luggage.
“Instead of investigating the November 2022 traffic stop to identify who was responsible for the human smuggling, Blanche started the investigation to implicate Abrego,” Crenshaw wrote, referring to now-Acting Attorney General Todd Blanche. “He did so to justify the Executive Branch’s decision to remove him to El Salvador.”
A Justice Department spokesperson said in a statement following the order, “Another activist judge has placed politics above public safety. The judge’s order is wrong and dangerous, and we will appeal.”
“Justice is a big word and an even bigger promise to fulfill, and I am grateful that today, justice has taken a step forward,” Abrego Garcia said in a statement released by CASA, an immigrant advocacy group that represents him.
“Kilmar Abrego Garcia is a victim of a politicized, vindictive White House and its lawyers at what used to be an independent Justice Department,” Abrego Garcia’s criminal attorneys told ABC News in a statement. “We are so pleased that he is a free man.”
In Friday’s dismissal order, Judge Crenshaw mentioned the involvement in the case of high-ranking DOJ officials including Associate Deputy Attorney General Aakash Singh, who called the case a “top priority” in emails to prosecutors. He also mentioned a Feb. 5, 2025, memo from then-Attorney General Pam Bondi warning DOJ staff of potential termination if they refused to advance the administration’s goals.
Judge Crenshaw concluded that while there was insufficient evidence to prove actual vindictiveness, the government could not justify its sudden shift from wanting to deport Abrego Garcia to prosecuting him.
“The evidence it labels as newly discovered was available to be obtained with due diligence long before April 2025,” the judge wrote. “Even more, it does not explain the Government’s change in position to remove Abrego and not prosecute him to then prosecute and not remove him.”
In his order, Crenshaw quoted former Attorney General Robert H. Jackson: “Therein is the most dangerous power of the prosecutor: that he will pick people that he thinks he should get, rather than pick cases that need to be prosecuted.”
Abrego Garcia had been scheduled to go to trial on the Tennessee charges, to which he pleaded not guilty, in January.
He is still fighting his deportation case in Maryland, where U.S. District Judge Paula Xinis has blocked the government from re-detaining him.
ABC News’ Alexander Mallin contributed to this report.
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