US Appeals Court: Ábrego García Smuggling Charges Fight
A federal judge threw out the human smuggling charges against Kilmar Ábrego García in May, calling the prosecution an act of retaliation. Now the Trump administration is asking a higher court to bring those charges back. The outcome could shape how far the government can go when it prosecutes someone who successfully challenged a wrongful deportation.
What if a judge already threw out the charges against you — and the government appealed anyway? That is exactly where Kilmar Ábrego García stands today. The Trump administration has asked the US Sixth Circuit Court of Appeals to reinstate human smuggling charges that a federal judge dismissed in May 2026, calling the prosecution "vindictive in nature."
What happened in court
Nashville-based federal district court judge Waverly David Crenshaw Jr dismissed the indictment in May, finding that the Justice Department had acted with "presumptive vindictiveness." Crenshaw pointed to the timing of the charges, public statements by Attorney General Todd Blanche, and close oversight by senior DOJ officials as factors that had "thoroughly tainted" the case. The charges stemmed from a 2022 traffic stop in Tennessee, where Ábrego was stopped and later accused of human smuggling.
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The Justice Department pushed back hard. In its filing to the Sixth Circuit, DOJ argued that career prosecutors — not political appointees — made the decision to seek an indictment based on evidence and a belief that guilt could be proven beyond a reasonable doubt. DOJ called Crenshaw's order "an unwarranted intrusion" into executive branch powers. Ábrego's attorneys told CBS News the appeal was "flat wrong," saying the indictment was initiated "on instructions from the White House" after Ábrego won a Supreme Court case ordering his return to the US from El Salvador's Cecot prison, where he had been sent after his wrongful deportation in March 2025.
Ábrego, now 30, fled El Salvador at age 16 to escape gang extortion, according to court records. He settled in Maryland, where his brother is a US citizen. He was never arrested or charged with any crime in the US or El Salvador. He was living with his wife and children — all US citizens — and checking in regularly with Immigration and Customs Enforcement (ICE) when he was detained and deported after President Trump's second term began. A Supreme Court order brought him back to the US three months after his deportation.
What to do
- If you are in removal proceedings or facing a criminal charge linked to your immigration case, do not assume a dismissed case is permanently closed — the government can appeal, as this case shows. Ask your attorney about the appeals process in your circuit.
- If ICE has been monitoring you through regular check-ins, document every check-in with dates and confirmation. This record can matter in court.
- If you believe charges against you are retaliatory — filed after you won an immigration case or challenged a government action — tell your attorney immediately. Courts can consider prosecutorial vindictiveness as a defense, but the legal standard is strict.
- Follow the Sixth Circuit's docket in this case for updates, as the appellate ruling will set a precedent affecting how courts review prosecutorial motives in immigration-linked criminal cases.
What to do, step by step — see our guide “Immigration Court Rulings”.
Fishkin Law Firm, New York
When the government files criminal charges shortly after losing an immigration case, defendants have the right to raise a "prosecutorial vindictiveness" defense — but courts apply a high bar. You must show either actual vindictiveness or a realistic likelihood of it based on the sequence of events and official statements. In Ábrego's case, the district court found that bar met; the Sixth Circuit will now decide whether that standard was applied correctly. If you are in a similar situation — charged after winning a court fight against the government — raise this defense early and preserve the record carefully. Speak with an attorney who handles both criminal defense and immigration law before your next hearing.
Frequently Asked Questions
Can the government refile charges after a judge dismisses them?
Yes. If the government believes the dismissal was legally wrong, it can appeal to a higher court. That is what the Justice Department did here — it asked the Sixth Circuit Court of Appeals to reverse the district court's dismissal. If the appeals court agrees with the government, the charges can be reinstated.
What does 'prosecutorial vindictiveness' mean?
It means the government filed charges not because of genuine evidence, but to punish someone for exercising a legal right — like winning a court case. Judge Crenshaw found that the timing of Ábrego's indictment, combined with statements from top DOJ officials, showed the prosecution was retaliatory, not evidence-based.
Does a criminal charge automatically affect someone's immigration status?
A charge alone does not change your status, but a conviction can have serious immigration consequences — including making you deportable or ineligible for certain benefits. Even charges that are later dismissed can come up in immigration proceedings. Always tell your immigration attorney about any criminal matter, no matter how minor.
What is the Sixth Circuit Court of Appeals?
It is a federal appeals court that reviews decisions made by federal district courts in Tennessee, Kentucky, Ohio, and Michigan. When a party disagrees with a district court ruling, they can ask the Sixth Circuit to review it. The Sixth Circuit's decision in this case will be binding on all federal courts in those states.