Justice Department Appeals Dismissal of Charges Against Abrego Garcia

The U.S. Justice Department has asked a federal appeals court to reinstate criminal charges against Kilmar Abrego Garcia, the Salvadoran national who was mistakenly deported to an El Salvador prison in 2025. In a brief filed late Monday with the 6th U.S. Circuit Court of Appeals, prosecutors argued that a district judge erred in dismissing the human smuggling indictment and in accusing the government of an "abuse of prosecuting power."

U.S. District Judge Waverly Crenshaw had thrown out the charges in May, ruling that Abrego Garcia would not have been prosecuted had he not successfully sued the government over his deportation. The judge found evidence of "presumptive vindictiveness," pointing to the timing of the indictment and statements by Attorney General Todd Blanche, who was a deputy at the time, suggesting the case was retaliation for the lawsuit.

In their appeal, prosecutors contended that Blanche's statements reflected a legitimate interest in public safety, not an improper penalty. They also argued that the actual charging decision was made by then-Acting U.S. Attorney Rob McGuire, and that Blanche's remarks were irrelevant. Crenshaw had previously rejected that argument, noting that top Justice Department officials, including McGuire and Associate Deputy Attorney General Aakash Singh, were closely involved in the case.

Abrego Garcia, 31, has lived in the U.S. since his teens and is married to an American citizen with a child. An immigration judge had barred his deportation to El Salvador in 2019, citing a well-founded fear of gang violence. After his mistaken removal, the Trump administration secured an indictment and brought him back to face charges. The government has since threatened to deport him to a third country, including Liberia, which he is contesting in a separate case in Maryland. He has offered to go to Costa Rica, but the administration has not agreed.