August 18, 2026

Justice Department Seeks to Reinstate Charges Against Wrongfully Deported Salvadoran

The Justice Department requested on Monday that a federal appeals court reinstate criminal charges against Kilmar Abrego Garcia. Abrego Garcia, a Salvadoran, was wrongfully deported by the Trump administration. The appeal aims to reverse a lower court ruling that labeled the charges as vindictive.

In May, a federal judge in Tennessee dismissed the indictment against Abrego Garcia, who faced accusations of smuggling immigrants into the U.S. The judge concluded the prosecution was retaliatory due to his challenges to his deportation.

The Justice Department filed an appeal with the U.S. Court of Appeals for the 6th Circuit, denying claims of vindictiveness. They argued that the prosecution had “multiple legitimate bases” and resulted from career prosecutors’ evidence-based decision-making.

The decision to seek an indictment against Abrego Garcia for human smuggling was made by career prosecutors based on the evidence, the law, and their firm belief that there is proof beyond a reasonable doubt that Abrego Garcia had committed the offenses charged.

The Justice Department expressed concern that the previous court order broadened judicial power to dismiss charges based on perceived prosecutorial motivations.

Abrego Garcia’s indictment linked to a November 2022 traffic stop in Tennessee led to two human smuggling charges. He pleaded not guilty. CBS News contacted Abrego Garcia’s attorney for comments.

A separate Maryland case involves Abrego Garcia and attempts by the Trump administration to deport him. Immigration and Customs Enforcement seeks his deportation to Liberia, but a judge currently blocks this action.

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