Federal Judge Waverly Crenshaw Dismisses Human Smuggling Charges Against Kilmar Abrego Garcia

A federal judge in Tennessee dismissed a two-count indictment charging Kilmar Abrego Garcia, a Salvadoran man the Trump administration deported to El Salvador last year, with human smuggling.

U.S. District Judge Waverly Crenshaw granted Abrego Garcia’s effort to dismiss the criminal charges on the ground that the Justice Department’s prosecution was vindictive, writing "the evidence before this Court sadly reflects an abuse of prosecuting power."

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Crenshaw said the Justice Department only reopened its human smuggling probe stemming from a 2022 traffic stop after Abrego Garcia filed his lawsuit challenging his removal to El Salvador.

The judge’s ruling left the criminal case dismissed unless DOJ could get a higher court to reinstate it, and the Department of Justice said it would appeal the decision.

Abrego Garcia said in a statement after the ruling, "Justice is a big word and an even bigger promise to fulfill; and I am grateful that today, justice has taken a step forward," as the case became a flashpoint in President Trump’s immigration crackdown.

CNN reported that Crenshaw cited a “tainted investigation” by now-acting Attorney General Todd Blanche, saying the investigation was reopened only after Abrego succeeded in vindicating his rights.

Crenshaw wrote, "only after Abrego succeeded in vindicating his rights did the Executive Branch reopen that investigation," and the dismissal was described as a turn in a legal saga tied to the Trump administration’s deportation campaign.

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DOJ spokespersons told Fox News that "Another activist judge has placed politics above public safety," adding, "The judge’s order is wrong and dangerous, and we will appeal."

Abrego Garcia’s lawyer Sean Hecker said in a statement that his client "is a victim of a politicized, vindictive White House and its lawyers at what used to be an independent Justice Department."

The judge’s decision also referenced the reopening of a closed investigation into the November 2022 traffic stop and the role of Blanche’s public statements in tying the reopened probe to Abrego’s deportation challenge.

Even with the indictment dismissed, the sources say Abrego Garcia remained entangled in immigration proceedings, with the Maryland judge overseeing his litigation raising the prospect of him self-deporting if his criminal case was tossed.

“A United States judge has dismissed an indictment against Kilmar Abrego Garcia after finding that he would not have been prosecuted if he had not challenged his deportation”

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Politico reported that Abrego has agreed to go to Costa Rica, which offered last year to accept him, while the Trump administration proposed other destinations including Liberia.

The Guardian said the Trump administration had pledged to deport him again to a third country, and it described the case as a symbol of the drive for mass deportations after he was sent to the anti-terrorism mega-prison in El Salvador known as Cecot in March 2025.

In the dismissal ruling, Crenshaw wrote that the Executive Branch closed its investigation on the November 2022 traffic stop and only reopened it after Abrego succeeded in vindicating his rights, framing the timing as central to a presumption of vindictiveness.

NPR reported that the Department of Homeland Security called the decision "naked judicial activism" and said Abrego Garcia’s final order of removal stands, saying "this Salvadorian is not going to remain in our country."