The federal human smuggling indictment against Kilmar Abrego Garcia, the citizen of El Salvador accused of participating in a human smuggling ring for years, was dismissed for vindictive prosecution on Friday by U.S. District Judge Waverly Crenshaw, who was appointed by former President Barack Obama.
A spokesman for the U.S. Department of Justice told The Tennessee Star on Friday that the federal government intends to appeal Crenshaw’s decision.
“Another activist judge has placed politics above public safety,” said the spokesman. “The judge’s order is wrong and dangerous, and we will appeal.”
In his order, Crenshaw notably dismissed the case despite not finding sufficient evidence to declare that vindictive prosecution actually occurred, but instead arguing that the U.S. Department of Justice (DOJ) failed to rebut the presumption of vindictiveness, which became necessary after Crenshaw ordered hearings to consider dropping the charges.
“While the Court finds insufficient evidence of actual vindictiveness, the Court concludes that the Government has failed to rebut the presumption of vindictiveness,” wrote Crenshaw, before later claiming that the “subjective explanations” offered by the federal prosecutor in Tennessee who filed the charges, “do not cure the retaliatory taint that set the investigation and resulting indictment in motion.”
Crenshaw and Abrego Garcia’s defense attorneys have argued for months that Acting U.S. Attorney General Todd Blanche expressed vindictiveness in a 2025 cable news interview, when he explained that the DOJ began investigating the El Salvadoran after Democrats in Congress disputed the circumstances surrounding his March 2025 deportation.
While Crenshaw wrote that the DOJ failed to rebut the claim of vindictiveness, specifically identifying Blanche’s interview as problematic, he nonetheless confirmed the significance of The Star in the genesis of the indictment.
The ruling notes that former special agent for Homeland Security Investigations received the April 21, 2025 article published by The Star, revealing the route Abrego Garcia may have used to traverse the United States while authorities say he was engaged in human smuggling, prompting her to contact her staff, as well as the Tennessee Highway Patrol (THP), about a potential investigation.
Following his controversial deportation in March 2025, Abrego Garcia was returned to the United States from El Salvador on the same day the DOJ unsealed its indictment alleging his participation in a human smuggling ring.
The traffic stop which served as the basis for the indictment was first reported on April 16, 2025, when The Star learned that THP troopers pulled over his vehicle, but were ordered to release Abrego Garcia. A spokesman for THP later confirmed the “Biden-era FBI” ordered the release.
A document released by the U.S. Department of Homeland Security (DHS) also confirmed that troopers suspected human trafficking during the stop.
The Star was recognized for its reporting on Abrego Garcia in 2025, when it received the Dao Prize for Best Local Journalism.
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Tom Pappert is a 2025 recipient of the Dao Prize and the lead reporter for The Tennessee Star. He also reports for the Star News Network. Follow Tom on X. Email tips to [email protected].
Photo “Kilmar Abrego Garcia” by We are CASA.
The “Judge” should be disbarred. I will not hold my breath waiting for accountability, however.
Judge Crenshaw: Please give us the evidence that the Tennessee Highway Patrol officers who stopped Garcia where in on this “vindictive prosecution.”
Why are we even talking about this guy after all of this time. He given a deportation order but he is still here wasting our taxpayer money. Send him SOMEWHERE!
Tired of his smug face. If he’s here illegally, please remove him asap.