DOJ Seeks Reinstatement of Charges Against Abrego Garcia

The DOJ asked the Sixth Circuit to reinstate criminal charges against Kilmar Abrego Garcia, a Salvadoran man who was mistakenly deported after challenging his removal to El Salvador. A Tennessee judge had dismissed the human smuggling charges as vindictive prosecution, but the DOJ argues there was legitimate basis to prosecute and that new evidence prompted reopening after his return order. The case centers on a 2022 Tennessee traffic stop; Abrego Garcia’s supporters say the prosecution was retaliatory for his legal challenge, while the DOJ maintains that career prosecutors acted on evidence and law. The appeals filing comes amid ongoing questions about his deportation, including a temporary block on deportation to Liberia and his earlier removal to El Salvador. Critics warn that dismissing charges based on prosecutorial motivation could undermine accountability, while the DOJ contends the ruling expanded judicial power to second-guess prosecutorial decisions. The DOJ’s push was filed in mid-August, with the Sixth Circuit identified as the venue for review, as the parties prepare responses in the ongoing dispute.