Judge dismisses human smuggling charges against Kilmar Abrego Garcia, who was mistakenly deported

By  TRAVIS LOLLER Updated 2:38 PM CDT, May 22, 2026

NASHVILLE, Tenn. (AP) — A human smuggling case against Kilmar Abrego Garcia, whose mistaken deportation helped galvanize opposition to President Donald Trump’s immigration policies, was thrown out Friday.

Abrego Garcia’s deportation to El Salvador last year became an embarrassment for Trump officials when they were ordered to return him to the U.S. Abrego Garcia claimed that both the timing of the criminal charges and inflammatory statements about him by top Trump officials demonstrated that the prosecution was vindictive.

U.S. District Judge Waverly Crenshaw, ruling from Nashville, granted Abrego Garcia’s motion to dismiss for “selective or vindictive prosecution.”

Without Abrego Garcia’s “successful lawsuit challenging his removal to El Salvador, the government would not have brought this prosecution,” said Crenshaw, dismissing claims of “new evidence” against him.

In earlier court filings, Crenshaw wrote he had found some evidence that the prosecution against Abrego Garcia “may be vindictive.” The judge said many statements by Trump administration officials “raise cause for concern.” He cited a statement by then-Deputy Attorney General Todd Blanche that seemed to suggest the Justice Department charged Abrego Garcia because he won his wrongful-deportation case.