Kilmar Abrego Garcia: DOJ to appeal dismissal of human trafficking charges

WASHINGTON - Federal prosecutors say they plan to keep pressing forward with charges against Maryland resident Kilmar Abrego Garcia as the Department of Justice prepares to appeal a Tennessee judge’s decision to dismiss human smuggling counts against him.

What we know:

Last week, a federal judge in Tennessee threw out the charges. The case dates back to a 2022 traffic stop, when Abrego Garcia told state troopers he was transporting several men in his van to a construction job. He was not arrested or charged at the time, but the Justice Department reopened the case in 2025, alleging he was a gang member involved in a human smuggling operation.

RELATED: Judge dismisses indictment against Kilmar Abrego Garcia

The DOJ revived the charges shortly after the U.S. Supreme Court ordered the agency to return Abrego Garcia to the United States in June 2025. He had been illegally deported to the CECOT prison in El Salvador, and the human smuggling charges were filed almost immediately upon his return.

On Friday, the judge ruled that the prosecution amounted to vindictive and selective prosecution in violation of the Fifth Amendment’s due process clause and said the case appeared to be direct retaliation for Abrego Garcia’s successful civil lawsuit. A DOJ spokesperson called the ruling wrong and dangerous.

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