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Justice Department Pushes to Revive Criminal Case Against Kilmar Abrego Garcia

DOJ says prosecutors had probable cause and multiple legitimate bases to charge Kilmar Abrego Garcia after his wrongful deportation case.

  • On Monday, the Justice Department asked the U.S. Court of Appeals for the Sixth Circuit to reinstate human smuggling charges against Kilmar Abrego Garcia, challenging a lower court's dismissal.
  • U.S. District Judge Waverly Crenshaw dismissed the case in May, finding the prosecution reflected an "abuse of prosecuting power" and "vindictive motive" following Garcia's successful lawsuit challenging his deportation to El Salvador.
  • Associate Attorney General Stanley Woodward argued the ruling "marks a dramatic expansion of the power of courts," asserting prosecutors had "multiple legitimate bases to prosecute" Garcia.
  • Monday's filing provides the government's argument for reversal but does not automatically reinstate charges; Garcia's attorneys will have an opportunity to respond as the appeals process continues.
  • Separately, an injunction prevents Garcia's removal to Liberia while a separate immigration case proceeds in Maryland. The smuggling indictment stems from a 2022 traffic stop in Tennessee.
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The Trump Administration Is Still Going After Kilmar Abrego Garcia [Op-Ed]

Source: Chip Somodevilla / Getty You gotta give it to the Trump administration, man, because once its officials find a person to target, they just can’t stop going at that person, no matter how many unsuccessful legal actions the administration attempts. Especially if said target is a non-white immigrant whom the administration has publicly tried its best to demonize; just ask Kilmar Abrego Garcia. Last year, Abrego Garcia, a Salvadorian migrant…

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DOJ moves to overturn court order that dismissed charges against Kilmar Abrego Garcia

DOJ moves to overturn court order that dismissed charges against Kilmar Abrego Garcia

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ussanews.com broke the news on Monday, August 17, 2026.
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