The Department of Justice filed an opening brief on August 17, requesting the U.S. Court of Appeals for the Sixth Circuit to reinstate human smuggling charges against Kilmar Abrego Garcia.
A federal district court had previously dismissed the case, ruling it a “vindictive prosecution.” The dismissal was carried out by U.S. District Judge Waverly Crenshaw Jr., a judge appointed by Barack Obama, who ruled in May that prosecutors brought the charges in retaliation for Abrego Garcia’s successful legal challenge to his deportation to El Salvador.
In its brief, the Department of Justice argued that the prosecution was based on evidence and law, with prosecutors believing they could prove beyond a reasonable doubt that Abrego Garcia committed human smuggling. The government also cited allegations that he was a member of MS-13—a group designated by the U.S. as a foreign terrorist organization—and maintained that his return to the United States created a legitimate interest in prosecution.
The DOJ further contended that the district court improperly expanded judicial authority by allowing courts to dismiss serious criminal charges based on assessments of prosecutors’ motivations and that such a ruling interfered with the executive branch’s responsibility to protect the public.
Abrego Garcia, who entered the United States illegally in 2011, was deported to El Salvador in March 2025. He was returned to the United States in June 2025 after the Department of Justice acknowledged an administrative error in his removal. He later pleaded not guilty to smuggling charges stemming from a traffic stop in 2022 while denying membership in MS-13.
The Department of Justice stated: “The United States had a clear legitimate interest in prosecuting Abrego upon his return.”
