The Justice Department asked the Sixth Circuit to reinstate human-smuggling charges against Kilmar Abrego Garcia, arguing career prosecutors had legitimate bases to indict him. A Tennessee judge dismissed the indictment in May, finding the prosecution vindictive after Abrego Garcia challenged a wrongful deportation. The DOJ cautions the dismissal expands judicial authority to assess prosecutors' motives, while the defense says the case was initiated at the White House's direction following a Supreme Court win. Separately, a Maryland judge has temporarily blocked ICE's attempt to deport Abrego Garcia to Liberia.
DOJ Asks Sixth Circuit To Reinstate Human-Smuggling Charges Against Kilmar Abrego Garcia After Judge Found Prosecution 'Vindictive'
DOJ asks court to reinstate criminal charges against Abrego Garcia
The Justice Department has asked the U.S. Court of Appeals for the Sixth Circuit to reinstate criminal charges against Kilmar Abrego Garcia, a Salvadoran national who was wrongly deported during the Trump administration. The request asks the appeals court to overturn a Tennessee federal judge's May order that dismissed an indictment the judge found to be vindictive.
DOJ Says Career Prosecutors Acted Properly
In its filing, the Department of Justice rejected the allegation that the prosecution was retaliatory. The DOJ said career prosecutors reviewed the evidence and the law and concluded there were multiple legitimate bases to bring the human-smuggling indictment.
"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 Justice Department said in a news release.
The department argued the district court's May decision represents a substantial expansion of judicial authority to dismiss serious criminal charges based on subjective assessments of a prosecutor's motives.
Defense Calls Prosecution Vindictive
Abrego Garcia's defense team strongly disagreed. In a statement to reporters, they called the DOJ's characterization "flat wrong," and said the record before the district court established that the indictment and prosecution were vindictive. The defense criticized the DOJ for declining to call key decision-makers, including Attorney General Todd Blanche, to testify under oath.
"This case was initiated vindictively and on instructions from the White House after our client successfully won his Supreme Court case," the defense said.
Charges and Related Immigration Litigation
Abrego Garcia was charged last year with two counts of human smuggling after a November 2022 traffic stop in Tennessee, where state highway patrol officers found multiple people in his vehicle. He has pleaded not guilty to the charges.
Separately, Abrego Garcia remains involved in ongoing immigration litigation. U.S. Immigration and Customs Enforcement has said it is seeking to deport him to Liberia, but a federal judge in Maryland has temporarily blocked that removal while related legal proceedings continue.
Why This Matters
The appeal raises broader legal questions about when courts may probe a prosecutor's motives and when dismissal is appropriate. The DOJ warns that allowing dismissals based on subjective assessments of intent could unduly constrain prosecutors; the defense argues that vindictive prosecution offends due process and requires judicial intervention.
The Sixth Circuit will now review the record and arguments from both sides to decide whether the indictment should be reinstated.
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