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Judge throws out smuggling case against Kilmar Abrego Garcia, citing vindictive prosecution

Brandon Doggett Avatar

A federal judge in Nashville dismissed human smuggling charges against Kilmar Abrego Garcia on Friday, ruling the prosecution was selective and vindictive. U.S. District Judge Waverly Crenshaw granted Abrego Garcia’s motion to dismiss, writing that without his “successful lawsuit challenging his removal to El Salvador, the government would not have brought this prosecution.”

Crenshaw had signaled skepticism about the case for weeks, previously writing that he found evidence the prosecution “may be vindictive” and that statements by Trump administration officials “raise cause for concern.” Among those statements was one from then-Deputy Attorney General Todd Blanche that appeared to tie the charging decision directly to Abrego Garcia winning his wrongful-deportation case.

The charges, stemming from a 2022 Tennessee traffic stop, alleged Abrego Garcia accepted money to transport undocumented people inside the U.S. A Department of Homeland Security agent testified that he did not begin investigating that traffic stop until after the Supreme Court ordered the Trump administration in April 2025 to work toward returning Abrego Garcia from El Salvador.

Noem v. Abrego Garcia, No. 24A949 — Supreme Court Opinion (April 10, 2025)View on CourtListener →

The dismissal lands as the Trump administration has vowed to deport Abrego Garcia to a third country, most recently Liberia, after officials declared he cannot remain in the United States.

This is a developing story.

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