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Judge Dismisses Kilmar Abrego Garcia’s Criminal Case, Slams DOJ for ‘Abuse of Power’

A federal judge on Friday dismissed the Trump administration’s criminal case against “Maryland Man” Kilmar Abrego Garcia, ruling that the prosecution amounted to vindictive enforcement by the government.

U.S. District Judge Waverly Crenshaw Jr. of the Middle District of Tennessee, an Obama appointee, said federal prosecutors only pursued criminal charges after the administration encountered legal setbacks in its deportation case involving Abrego Garcia.

Rather than simply facilitating his return from El Salvador — where officials acknowledged he had been wrongly deported — the government instead moved forward with a criminal indictment.

Crenshaw also stated that acting Attorney General Todd Blanche had “tainted” the investigation into Abrego Garcia, according to the ruling.

“The objective evidence here shows that, absent Abrego’s successful lawsuit challenging his removal to El Salvador, the government would not have brought this prosecution,” the judge wrote, according to reports.

Garcia is still battling his potential deportation, while the government said it would appeal the atrocious ruling.

“Another activist judge has placed politics above public safety. The judge’s order is wrong and dangerous,” the Justice Dept. said in a statement.

The case against Kilmar Abrego Garcia originated from a 2022 traffic stop in Tennessee, when authorities pulled him over while he was transporting several migrants in a vehicle.

At the time, police suspected possible human smuggling activity, but no criminal charges were filed.

Federal authorities later revived the investigation in 2024 while Abrego Garcia was successfully challenging the Trump administration over his deportation case in court.

Abrego Garcia was among the migrants flown from the United States to El Salvador on March 15, 2025, during a series of controversial deportation flights carried out by the administration.

Many of the deportees were Venezuelan nationals accused of gang affiliations and removed under the Alien Enemies Act, though some deportees were Salvadoran nationals returned to their home country.

Abrego Garcia’s deportation drew particular attention because an immigration judge had previously ruled that he should not be returned to El Salvador due to fears of gang retaliation.

That said, years earlier, immigration judges ruled he was a gang member who should be deported.

The case became a rallying point for Democrats, who referred to him as a “Maryland man” whose legal rights had been violated.

Abrego Garcia sued the administration, and the dispute ultimately reached the Supreme Court of the United States, which ordered the government to “facilitate” his return to the United States.

The administration eventually brought him back, though only after securing the criminal indictment that was later dismissed by the federal judge.

The criminal case against Garcia grew out of a 2022 traffic stop in Tennessee, when authorities pulled him over while he was transporting several suspected illegal migrants in a vehicle.

Although police suspected possible smuggling activity at the time, no criminal charges were filed.

After federal prosecutors later secured a criminal indictment, Abrego Garcia was returned to the United States from El Salvador.

He was subsequently granted pretrial release, prompting the Trump administration to attempt to detain and deport him again.

However, Paula Xinis — the U.S. District judge who had originally ordered the government to facilitate his return — blocked the effort, ruling that there was no valid deportation order in place at that time.

Federal officials later obtained a new deportation order, but Xinis ruled that Abrego Garcia could remain free while she continued reviewing the case.

That legal dispute remains ongoing.

According to court filings, Abrego Garcia has indicated he would accept deportation to Costa Rica, and Costa Rican officials have reportedly signaled a willingness to receive him.

The Trump administration, however, opposed that option and instead explored alternative deportation destinations in Africa, decisions that Judge Xinis questioned during court proceedings.

On Friday, the United States Department of Homeland Security reiterated that it still intends to deport Abrego Garcia.

“Kilmar Abrego Garcia’s final order of removal stands, and activist judges cannot change that fact,” DHS said, according to the Washington Times. “This Salvadorian is not going to remain in our country.”