DOJ Appeals Dismissal of 2 Smuggling Counts Against Abrego Garcia as Judge Cites 5th Amendment Violations
Updated
Updated · Fox News · May 22
DOJ Appeals Dismissal of 2 Smuggling Counts Against Abrego Garcia as Judge Cites 5th Amendment Violations
11 articles · Updated · Fox News · May 22
A federal judge in Tennessee dismissed two human-smuggling charges against Kilmar Abrego Garcia, ruling the case was a vindictive and selective prosecution and vacating his release conditions.
In a 32-page opinion, Judge Waverly Crenshaw said prosecutors revived a closed 2022 traffic-stop investigation only after Abrego Garcia won a civil fight over his March 2025 deportation to El Salvador.
The Justice Department called the ruling "wrong and dangerous" and said it will appeal; court filings said senior DOJ officials pushed for the indictment after the Supreme Court backed efforts to return him to the U.S.
Prosecutors had alleged Abrego Garcia helped smuggle about 600 migrants a year from 2016 to 2025, while supporters including Sen. Chris Van Hollen cast the case as retaliation for challenging his removal.
With charges dropped over government retaliation, can this man and his American family finally remain safe in the U.S.?
How did a legally protected resident get deported to a notorious foreign prison by 'administrative error'?
What accountability do officials face when a court deems a prosecution a 'vindictive' abuse of power?