US DOJ asks federal appeals court to restore human smuggling charges against Kilmar Abrego Garcia: Here’s why
Justice Department Seeks to Revive Smuggling Charges Against Kilmar Abrego Garcia
Theindiapostdaily.com – On Monday, the US Department of Justice petitioned the US Court of Appeals for the 6th Circuit to bring back criminal charges against Kilmar Abrego Garcia, a Salvadoran national who was deported to El Salvador by the Trump administration last year in what courts later deemed a wrongful removal. The move effectively challenges a lower-court ruling that had cleared Garcia of human smuggling allegations, labeling the prosecution as retaliatory.
The May Ruling That Triggered This Appeal
In May, Tennessee federal judge Waverly Crenshaw threw out the human smuggling counts against Garcia. Crenshaw concluded that the government had brought the case as payback for Garcia's successful legal challenge to his forced removal to El Salvador. The judge characterized the prosecution as "vindictive and selective," observing that absent Garcia's victorious lawsuit contesting his deportation, the government would never have filed the charges. Crenshaw also dismissed the DOJ's assertion of "new evidence" against the defendant.
In earlier filings, Crenshaw flagged indications that the case "may be vindictive" and noted that multiple statements from the Trump administration "raise cause for concern." Among those pointed to was a remark by then-Deputy Attorney General Todd Blanche that appeared to tie the charging decision directly to Garcia's prevailing in his wrongful-deportation litigation.
DOJ Pushes Back: "Multiple Legitimate Bases"
In its Monday filing with the 6th Circuit, the Justice Department flatly rejected the vindictiveness finding. According to CBS News, the DOJ maintained it possessed "multiple legitimate bases to prosecute" Garcia. A department news release added:
"The decision to seek an indictment against Abrego Garcia for human smuggling was made by career prosecutors based on the evidence, the law, and their firm belief that there is proof beyond a reasonable doubt that Abrego Garcia had committed the offenses charged."
The department also took aim at the Tennessee ruling itself, arguing that Crenshaw's order "marks a dramatic expansion of the power of courts to dismiss serious criminal charges based on subjective assessments of a prosecutor's motivations."
Defense Team: The Indictment Was "Flat Wrong"
Garcia's attorneys responded sharply to the DOJ's latest statement. They called the department's position "flat wrong" and countered:
"The indictment and prosecution of Abrego Garcia was, in fact, vindictive; the evidence before the district court established just that; and the proof was clear notwithstanding the DOJ's refusal to call the actual decision makers, including AG [Todd] Blanche, to testify under oath."
The team added:
"This case was initiated vindictively and on instructions from the White House after our client successfully won his Supreme Court case."
How the Smuggling Case Began
Per the Associated Press, Garcia faced charges of human smuggling and conspiracy to commit human smuggling. Prosecutors alleged he was paid to transport individuals who were already living in the United States without legal status.
The matter traces back to a 2022 traffic stop in Tennessee for speeding. Body-camera video captured what appeared to be a calm, routine exchange between Garcia and a Highway Patrol trooper. The vehicle contained nine passengers, which led officers to privately discuss suspicions of possible smuggling activity. Ultimately, however, Garcia was allowed to drive away after receiving only a warning.
A Parallel Deportation Battle in Maryland
Separately from the criminal charges, Garcia is entangled in a federal court proceeding in Maryland tied to the administration's continuing attempts to remove him from the country. Immigration and Customs Enforcement has sought to send him to Liberia in West Africa, though a federal judge has issued a temporary order blocking that removal.
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