Federal judge dismisses charges after deportation reversal

charges dismissed – A federal judge dismissed criminal charges against Kilmar Abrego Garcia, ruling the Justice Department brought the case only after he successfully overturned his deportation to El Salvador—an outcome his attorneys call vindictive and politicized.

By the time Kilmar Abrego Garcia stepped into a courtroom in Nashville, his legal battle had already stretched across borders—and the timing of what came next looked like retaliation to his defenders.

Supporters rallied as the case moved toward a decision on his pretrial release and whether he could be transferred into ICE custody. But on May 22, a federal judge ended the prosecution entirely, dismissing the criminal case tied to human smuggling offenses filed in Tennessee.

U.S. District Judge Waverly Crenshaw wrote in an opinion issued May 22 that the Justice Department charged Abrego Garcia only because he had fought successfully against his removal to El Salvador. Crenshaw said the evidence before him “sadly reflects an abuse of prosecuting power.”

“The objective evidence here shows that, absent Abrego’s successful lawsuit challenging his removal to El Salvador, the Government would not have brought this prosecution,” Crenshaw wrote.

Abrego Garcia’s attorneys had argued that the prosecution was vindictive and asked the court to dismiss it. In a texted statement. his attorney Sean Hecker called Abrego Garcia “a victim of a politicized. vindictive White House and its lawyers at what used to be an independent Justice Department.” Hecker said. “We are so pleased that he is a free man. Justifiably so,” adding that they remain grateful for “an independent judiciary” that will apply precedent “to the facts.”.

The case grew out of a deportation that federal immigration authorities carried out after Abrego Garcia’s arrest in Maryland. He was deported to El Salvador, a move his lawyers argued violated an immigration judge’s order. They sued, and the U.S. Supreme Court ordered his return. After he came back to the United States, an indictment was unsealed in the Middle District of Tennessee.

The human smuggling allegations traced back to a November 2022 traffic stop in Cookeville, Tennessee. The Tennessee Highway Patrol stopped him, but let him go without charging him.

In his opinion, Crenshaw pointed to how the matter was handled by prosecutors and immigration authorities. He wrote that “The Executive Branch closed its investigation on the November 2022 traffic stop.” Crenshaw added that “Only after Abrego succeeded in vindicating his rights did the Executive Branch reopen that investigation.”.

Outside the courtroom, Sen. Chris Van Hollen. a Maryland Democrat. praised the ruling in a statement. saying “Today. a federal judge made clear what we have long known: the Department of Justice was engaged in a vindictive prosecution against Kilmar Abrego Garcia.” Van Hollen said the judge’s finding amounted to a “blatant ‘abuse of prosecutorial power’” that “should disturb all Americans. ” calling it “a strong repudiation of Trump’s lawless DOJ” and “a win for the Constitutional rights of everyone in our nation.”.

Taken together. the sequence described by the court is stark: an investigation was closed after a November 2022 traffic stop. the deportation was challenged successfully through the courts. and only then did the case move forward—an order of events the judge said reflected misuse of prosecutorial force.

For Abrego Garcia, the legal fight that began with deportation ended with a dismissal—at least for now—while questions linger about how and when government investigations can be reopened when a defendant prevails in court.

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