Darren Lyn
23 May 2026•Update: 23 May 2026
A federal judge dismissed a criminal human smuggling case Friday that was brought against Kilmar Abrego Garcia by the Trump administration, according to media reports.
US District Judge Waverly Crenshaw wrote that the Department of Homeland Security (DHS) failed to address the "presumption of vindictiveness" brought to the court by Abrego Garcia that claimed the agency reopened a closed investigation of a November 2022 traffic stop in the state of Tennessee tying him to a human smuggling operation as a "vindictive motive" because of "Abrego's successful lawsuit" against the Trump administration.
"Because the presumption of vindictiveness remains unrebutted, the indictment must be dismissed," said Crenshaw.
Abrego Garcia was not charged or arrested during the traffic stop in which Tennessee state troopers questioned him about their suspicions of human trafficking, because nine people were traveling in the vehicle without luggage, before letting him go.
"Instead of investigating the November 2022 traffic stop to identify who was responsible for the human smuggling, (US Acting Attorney General Todd) Blanche started the investigation to implicate Abrego," wrote Crenshaw.
"(Blanche) did so to justify the Executive Branch's decision to remove him to El Salvador," added Crenshaw, referring to the initial March 2025 mistaken deportation of Abrego Garcia to El Salvador, which started a firestorm of media coverage when the Trump administration defied court orders to return him to the US, and instead, tried to justify his unconstitutional deportation by accusing him of being a member of the El Salvadoran gang MS-13.
"Justice is a big word and an even bigger promise to fulfill, and I am grateful that today, justice has taken a step forward," Abrego Garcia said in a statement released by the immigrant advocacy group, CASA, which represents him.
The Justice Department released a statement criticizing the ruling.
"Another activist judge has placed politics above public safety. The judge’s order is wrong and dangerous, and we will appeal," an agency spokesperson said in a statement.
