The Department of Justice has petitioned an appeals court to reinstate the human smuggling case against Kilmar Abrego Garcia, who was previously deported to El Salvador despite a court order. In May, a federal judge dismissed the case, citing a "presumption of vindictiveness" by the government.
The DOJ's filing on Monday urges the appellate court to overturn the district court's ruling, asserting that the decision to indict Abrego Garcia was driven by legitimate evidence and legal considerations. "The indictment and prosecution of Abrego Garcia in the Middle District of Tennessee was not vindictive, and the evidence before the district court established that it was not," the department stated in a press release.
Abrego Garcia, a resident of Maryland, was deported in March of the previous year to El Salvador's CECOT mega-prison. This action occurred despite a 2019 court order prohibiting his deportation to the country due to fears of persecution. The Trump administration had claimed he was a member of the criminal gang MS-13, an accusation he denies. He was later brought back to the U.S. in June to face human smuggling charges in Tennessee, and U.S. District Judge Paula Xinis released him from ICE detention while awaiting trial.
The district court judge's May ruling highlighted the involvement of high-ranking Department of Justice officials, including then-Deputy Attorney General Todd Blanche. The judge concluded that the government could not justify its shift from intending to deport Abrego Garcia to prosecuting him, suggesting the investigation was initiated to justify his removal.
In its appeal, the DOJ contended that public statements made by Blanche did not indicate vindictive motives and did not support an inference that charges were pursued solely to retaliate against Abrego Garcia for a civil suit. The department argued that the district court's reasoning was illogical and clearly erroneous.
The criminal charges originated from a 2022 traffic stop, detailed in a Department of Homeland Security press release in April 2025. The release described an "investigative report" alleging Abrego Garcia was a suspected human trafficker. He was not charged or arrested during the traffic stop, which lasted over an hour.