The U.S. Department of Justice (DOJ) filed a motion Monday with a federal appeals court to reinstate criminal human smuggling charges against Kilmar Abrego Garcia. The filing follows a lower court's decision earlier this year that dismissed the case, citing concerns of vindictive prosecution by the government.
Abrego Garcia, a Salvadoran national, was deported to El Salvador under the Trump administration but returned to the U.S. in June 2025 after a Supreme Court ruling required the government to facilitate his return. The criminal charges against him stem from a 2022 traffic stop in Tennessee, where state Highway Patrol officers observed him transporting multiple men without luggage while speeding. Abrego Garcia has pleaded not guilty to two counts of human smuggling.
In its filing with the U.S. Court of Appeals for the 6th Circuit, the DOJ argued that U.S. District Judge Waverly Crenshaw’s May ruling was erroneous. While Judge Crenshaw had previously determined that public statements from Attorney General Todd Blanche regarding the case reflected an abuse of power, federal prosecutors contended that the charges were brought for legitimate public safety reasons by career prosecutors rather than out of animus.
For the legal system, this case addresses the standards for "vindictive prosecution," a legal term referring to the pursuit of charges as a means of punishing a defendant for exercising their legal rights. The District Court previously ruled that the timing and nature of the charges, following Abrego Garcia's successful challenge to his deportation, suggested an abuse of power. If the 6th Circuit reinstates the charges, it would establish that career-prosecutor decisions and public safety concerns are sufficient to override claims of retaliatory intent, even when high-ranking officials have commented on the case.
A person in a similar legal position would notice that their ability to challenge deportation orders in court could be followed by the initiation or reinstatement of criminal charges for prior conduct. The DOJ's filing on Monday, August 17, 2026, initiates the appellate review process. The 6th Circuit will now consider whether to uphold Judge Crenshaw's May dismissal or allow the criminal trial to proceed. A specific date for the next hearing or a final ruling has not yet been reported.