Judge dismisses human smuggling charges against Kilmar Abrego Garcia

4 hours ago

A federal judge dismissed criminal charges against Kilmar Abrego Garcia due to selective or vindictive prosecution.
The ruling criticized the Justice Department for pursuing charges to punish Garcia after he challenged his mistaken deportation.
Garcia's deportation to El Salvador was overturned, but his future in the U.S. remains uncertain with threats of deportation to other countries.
The judge found evidence of presumptive vindictiveness, including the timing of charges and statements by officials, though not actual vindictiveness.
Garcia was charged with human smuggling based on a 2022 traffic stop, but the case had been closed before his deportation.
The government failed to convincingly rebut the presumption of vindictiveness, lacking direct testimony on reopening the case.
Garcia, protected from deportation to El Salvador due to gang threats, has an American family but no residency status.
The Justice Department plans to appeal, calling the dismissal 'wrong and dangerous.'

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