DOJ vows to appeal after judge dismisses smuggling charges against Kilmar Abrego Garcia as 'vindictive'
The U.S. Department of Justice (DOJ) vowed to appeal a federal judge's decision Friday to dismiss human smuggling charges against Kilmar Abrego Garcia, who initially entered the U.S. illegally and...
By Fox News · Fox News
The U.S. Department of Justice (DOJ) vowed to appeal a federal judge's decision Friday to dismiss human smuggling charges against Kilmar Abrego Garcia, who initially entered the U.S. illegally and allegedly had suspected ties to MS-13, slamming the ruling as "wrong and dangerous." U.S. District Judge Waverly D. Crenshaw Jr. on Friday threw out a two-count indictment in Tennessee against Abrego Garcia, ruling the DOJ's actions amounted to "vindictive and selective prosecution" in violation of the Fifth Amendment's Due Process Clause. Abrego Garcia was facing charges after allegedly conspiring to smuggle roughly 600 illegal immigrants into the U.S. annually, between 2016 and 2025, according to a cooperating witness. FEDERAL PROSECUTOR ADMITS 'EXTRAORDINARY' TIMING IN ABREGO GARCIA SMUGGLING CASE CHARGES "Another activist judge has placed politics above public safety ," a DOJ spokesperson told Fox News. "The judge’s order is wrong and dangerous, and we will appeal." The federal investigation was initially sparked by a November 2022 traffic stop in Tennessee and included suspected ties to the MS-13 gang and human trafficking . The case became a constitutional standoff after the executive branch deported Abrego Garcia to El Salvador in March 2025 due to an alleged "administrative error." MARYLAND IMMIGRANT WRONGLY DEPORTED TO EL SALVADOR MUST RETURN TO US, SUPREME COURT RULES Abrego Garcia sued the government, and the judicial branch — ultimately backed by the Supreme Court — unanimously ordered his return be "facilitate[d]" to the U.S. Crenshaw, an Obama appointee, noted that just days after the Supreme Court's ruling, the Department of Homeland Security suddenly reopened a closed investigation into Abrego Garcia's 2022 traffic stop. Top Justice Department officials, under the leadership of Attorney General Pam Bondi and Deputy Attorney General Todd Blanche, then pushed for an indictment, according to court documents. In his 32-page memorandum opinion, Crenshaw determi…