Judge Dismisses Case Against Kilmar Abrego García
Kilmar Abrego García vindictive prosecution dismissal
A federal judge in Nashville, Tennessee, officially dismissed the human smuggling indictment against Kilmar Abrego García on Friday, May 22, 2026, delivering a sharp rebuke to the Department of Justice. U.S. District Judge Waverly Crenshaw ruled that the government’s decision to prosecute the Maryland man was a case of “selective or vindictive prosecution,” concluding that the charges were brought specifically to punish Abrego García for successfully challenging his mistaken deportation to El Salvador last year.
In his 32-page opinion, Judge Crenshaw characterized the Justice Department’s actions as an “abuse of prosecuting power.” The court found that the government had reopened a previously closed investigation into a 2022 traffic stop only after Abrego García successfully forced the administration to facilitate his return to the United States via a Supreme Court order. The judge noted that the timing of the indictment and public statements made by then-Deputy Attorney General Todd Blanche created a strong “presumption of vindictiveness” that the government failed to rebut.
Abrego García, who had been granted protection from deportation to El Salvador in 2019 due to threats from a local gang, became a central figure in the debate over the Trump administration’s mass deportation policies after he was sent to the notorious CECOT prison in El Salvador in 2025. Following his court-ordered return to the U.S. last June, he was immediately hit with two counts of human smuggling. Defense attorneys had long argued that the prosecution was a political vendetta, a position that Judge Crenshaw validated in his ruling on Friday.
The Department of Justice has vowed to appeal the decision, labeling the judge’s order “wrong and dangerous.” Despite the dismissal of the criminal charges, Abrego García’s immigration status remains precarious; while he is currently shielded by federal court orders in Maryland, administration officials have previously signaled intentions to pursue his deportation to other countries. In a statement following the ruling, Abrego García expressed gratitude, calling the dismissal “a step forward” for justice. Advocacy groups, including We Are Casa, hailed the decision as a “resounding message that retaliation against immigrant communities will not stand.”
