Justice Department urges appeals court to revive smuggling charges against deported Salvadoran

The Justice Department submitted a brief on Monday to the 6th Circuit Court of Appeals requesting that a federal judge’s May decision dismissing a human-smuggling indictment against Kilnan Abrego Garcia be reversed. Garcia, a Salvadoran citizen who was deported by the Trump administration and later contested that removal, had been charged after a November 2022 traffic stop in Tennessee that uncovered multiple passengers in his vehicle.

The district judge had ruled the prosecution was vindictive, citing retaliation for Garcia’s legal challenge. In its filing, the department asserted that seasoned prosecutors acted on solid evidence and a belief that the case met the standard of proof beyond a reasonable doubt, rejecting claims of retaliatory motive. The appeal also highlights a parallel federal case in Maryland where Immigration and Customs Enforcement seeks to deport Garcia to Liberia, a move currently stayed by a judge. The outcome could affect how courts assess prosecutorial intent in immigration-related cases.