The Justice Department has filed a notice of appeal against the federal judge who threw out criminal charges against Kilmar Abrego Garcia, moving to revive a human smuggling case at the center of one of the most contentious immigration fights of the Trump era.
U.S. District Court Judge Waverly Crenshaw, an Obama appointee seated in Nashville, Tennessee, dismissed the charges in May, ruling the prosecution was “vindictive in nature.” Crenshaw concluded that absent Abrego Garcia’s successful lawsuit challenging his deportation to El Salvador, federal prosecutors never would have charged him.
“The objective evidence here shows that, absent Abrego’s successful lawsuit challenging his removal to El Salvador, the Government would not have brought this prosecution,” Crenshaw wrote. “The evidence before this Court sadly reflects an abuse of prosecuting power.”
The DOJ’s notice of appeal does not outline specific legal arguments but would, if successful, unwind Crenshaw’s dismissal and return the case to his courtroom.
Abrego Garcia became a fixture in legal challenges to the Trump administration’s deportation policies after he was sent to El Salvador’s CECOT megaprison in early 2025. His removal was later acknowledged as an administrative error: a 2019 immigration court order had barred his deportation to El Salvador.
After months of court-ordered pressure, the Trump administration returned him to the United States. Federal prosecutors then charged him with two counts of human smuggling tied to a 2022 traffic stop in Tennessee.
During that stop, Abrego Garcia was pulled over for speeding. Officers found him transporting multiple men who carried no luggage. He pleaded not guilty to both counts.
The case has drawn repeated involvement from federal courts at multiple levels. The Trump administration has maintained that Abrego Garcia is an MS-13 gang member and a human smuggler. Abrego Garcia and his attorneys deny both claims.
The appeal signals the administration is not prepared to let the charges die with Crenshaw’s ruling.
