Kilmar Abrego Garcia arrives for his first check-in at the U.S. Immigration and Customs Enforcement Baltimore Field Office the day after a federal judge ordered his release from a detention in Pennsylvania, on December 12, 2025 in Baltimore, Maryland.

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Aliss Higham

By Aliss Higham

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A federal judge has dismissed the Trump administration’s criminal case against Kilmar Abrego Garcia, ruling that prosecutors pursued the charges in retaliation for his successful legal fight against deportation.

In an opinion issued Friday, U.S. District Judge Waverly Crenshaw said the government failed to overcome a "presumption of vindictiveness" in bringing the case against the Salvadoran immigrant. A Department of Justice spokesperson told Newsweek: "Another activist judge has placed politics above public safety. The judge's order is wrong and dangerous, and we will appeal."

Abrego Garcia was charged with human smuggling and conspiracy to commit human smuggling over a Tennessee traffic stop in 2022, with prosecutors alleging that he was paid to transport people living in the United States without legal immigration status.

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Abrego Garcia’s case has drawn national attention since his deportation to El Salvador in March 2025. The Trump administration later acknowledged that he had been wrongly removed from the U.S., despite an earlier immigration ruling that determined he could not safely be sent back to his home country because of threats against his family.

Following his deportation, Abrego Garcia spent months inside CECOT, a mega-prison in Tecoluca, El Salvador, before courts ordered the government to facilitate his return to the United States.

Kilmar Abrego Garcia arrives for his first check-in, December 12, 2025 in Baltimore, Maryland.

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The Ruling

After Abrego Garcia was brought back to the states in June 2025, federal prosecutors brought human smuggling charges over the 2022 traffic stop in Tennessee, during which authorities found several people in his vehicle. Abrego Garcia pleaded not guilty to the charges. The Trump administration has also alleged that he is affiliated with the gang MS-13, which he denies.

Crenshaw wrote in the opinion that the sequence of events surrounding the prosecution raised concerns. According to the ruling, federal investigators had previously closed the inquiry into the Tennessee traffic stop before reopening it after Abrego Garcia succeeded in court.

"The Court does not reach its conclusion lightly," Crenshaw wrote.

"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," the Tennessee judge said.

Kilmar Abrego Garcia (R) with his wife Jennifer Vasquez Sura (L) attend a protest rally in Baltimore, Monday, Aug. 25, 2025.

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'Presumptive Vindictiveness' Found

The judge wrote the timeline provided a "telling and forceful" indication that the prosecution was linked directly to the habeas corpus petition filed by Abrego Garcia’s attorneys after his deportation.

"The Executive Branch closed its investigation on the November 2022 traffic stop. Only after Abrego succeeded in vindicating his rights did the Executive Branch reopen that investigation," the opinion reads.

Kilmar Abrego Garcia and Jennifer Vasquez Sura

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Crenshaw stopped short of concluding that the government acted with "actual vindictiveness"—a high legal threshold that is rarely satisfied and typically requires direct evidence, such as a prosecutor explicitly admitting charges were brought in retaliation.

However, the judge found sufficient grounds for a finding of "presumptive vindictiveness," such as the timing of the indictment, remarks by then—U. S. Deputy Attorney General Todd Blanche, and the continued involvement of other senior Justice Department officials in overseeing the case.

Crenshaw’s ruling effectively ends the criminal prosecution unless a higher court overturns her decision.

The judge, who is based in Nashville and was appointed by former President Barack Obama, did not rule on the broader immigration case surrounding Abrego Garcia. He still faces deportation proceedings despite the dismissal of the criminal charges.

Political Flashpoint

Federal agents detain a protester in Minneapolis, Minnesota on February 3, 2026.

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The case has become a major point of contention in the wide debate over immigration enforcement under President Donald Trump.

"Kilmar Abrego Garcia is a victim of a politicized, vindictive White House and its lawyers at what used to be an independent Justice Department," his criminal defense attorneys said in a statement after Friday’s ruling. "We are so pleased that he is a free man."

Democratic Senator Chris Van Hollen, who traveled to El Salvador to visit Abrego Garcia during his detention there, praised Friday’s decision.

"Today, a federal judge determined what we've known all along, the Trump admin was engaged in a vindictive prosecution against Kilmar Abrego Garcia," Van Hollen wrote on X. "This is a win for all our rights & the Constitution."

Timeline of the Case

What Happens Next

Although Abrego Garcia lived in Maryland for roughly 15 years before his deportation, his future remains uncertain. He has reportedly agreed to relocate to Costa Rica, which previously offered to accept him. However, the Trump administration has explored deporting him to several other countries, most recently Liberia.

A previous order blocking Abrego Garcia’s removal remains in effect for now.

Update, 05/26/2026, 8:53 a.m. ET: this article was updated with original comment from a Department of Justice spokesperson.

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