Federal judge dismisses human smuggling charges against Kilmar Abrego Garcia

A federal judge has dismissed human smuggling charges against Kilmar Abrego Garcia.

Abrego Garcia’s defense claimed that both the timing of the criminal charges and statements about him by top Trump officials demonstrated that the prosecution was vindictive.

U.S. District Judge Waverly Crenshaw, ruling from Nashville, granted Abrego Garcia’s motion to dismiss for “selective or vindictive prosecution.”

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Without Abrego Garcia’s “successful lawsuit challenging his removal to El Salvador, the government would not have brought this prosecution,” said Crenshaw, dismissing claims of “new evidence” against him.

Abrego Garcia was charged with human smuggling and conspiracy to commit human smuggling, with prosecutors claiming that he accepted money to transport within the United States people who were in the country illegally. Abrego Garcia was returned to the U.S. from El Salvador in June 2025 to face those charges.

The charges stem from a 2022 traffic stop in Tennessee for speeding. Body camera footage from a Tennessee Highway Patrol officer shows a calm exchange with Abrego Garcia. There were nine passengers in the car, and the officers discussed among themselves their suspicions of smuggling. However, Abrego Garcia was eventually allowed to continue driving with only a warning.

Abrego Garcia, a 30-year-old Salvadoran national, was deported in March to El Salvador, even though a 2019 court order barred him from being deported to the country due to fear of persecution. The Trump administration claimed he was a member of the MS-13 gang.

The Trump administration has said Abrego Garcia cannot remain in the U.S. ICE has been trying to deport Abrego Garcia to different African countries, the latest being Liberia.

Abrego Garcia is also petitioning to reopen his immigration case to seek asylum in the United States, but the U.S. government argues that because he entered the country illegally, he should be treated the same as someone who just crossed the border.

The Associated Press contributed to this reporting.