Trump Admin Makes New Legal Move Against Kilmar Abrego Garcia

The Trump administration is working to revive charges against Kilmar Abrego Garcia as it continues to fight for his deportation.

The Justice Department filed an appeal on Monday, asking a federal court to reinstate human smuggling charges against the alleged MS-13 gang member. In May, a federal judge in Tennessee dismissed the charges against Abrego Garcia, ruling that federal prosecutors’ motivation in the case was “vindictive.”

In a statement on Monday, the Justice Department argued that the charges were justified and that the case must resume.

“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 said. “The indictment and prosecution of Abrego Garcia in the Middle District of Tennessee was not vindictive and the evidence before the district court established that it was not.”

“Instead, the evidence in the district court proved that charges were brought against Abrego Garcia because, in the view of career prosecutors, the evidence conclusively established that he had committed a serious crime, and not for any vindictive motive,” the DOJ added.

Abrego Garcia’s legal team told CBS News that the Justice Department’s statement was “flat wrong,” arguing that “the indictment and prosecution of Abrego Garcia was, in fact, vindictive; the evidence before the district court established just that; and the proof was clear notwithstanding the DOJ’s refusal to call the actual decision makers, including AG [Todd] Blanche, to testify under oath.”

“This case was initiated vindictively and on instructions from the White House after our client successfully won his Supreme Court case,” his defense team said.

The Trump administration deported Abrego Garcia to his native country of El Salvador in March 2025, which officials later said was done out of an “administrative error.”

Federal authorities eventually brought him back to the United States that June on human smuggling charges stemming from a November 2022 Tennessee traffic stop, where state troopers observed him transporting eight individuals from Texas to Maryland.

Officers grew suspicious because the group had no luggage in the car despite being on the road for days. Law enforcement noted that the situation had the appearance of “a human trafficking incident.”

At the time, the officers let Abrego Garcia go with a citation for driving with an expired license.

Following his deportation, the Salvadoran national became the darling of many Democratic lawmakers opposing the Trump administration’s mass deportation campaign.

In a show of support for the alleged gang member, Senator Chris Van Hollen (D-MD) traveled to El Salvador to meet Abrego Garcia before he was ultimately returned to the United States.

The federal government is also pushing for Abrego Garcia’s second deportation in a separate case. The Trump administration initially sought to deport Abrego Garcia to Liberia, but the effort was blocked by a federal judge.

In June, Homeland Security Secretary Markwayne Mullin indicated his willingness to deport Abrego Garcia to Costa Rica, which has indicated a willingness to accept him. Abrego Garcia has also agreed to go to Costa Rica.

Abrego Garcia entered the United States illegally in 2011 and was later identified by authorities in Maryland as an MS-13 member.

His wife, who has since become one of his fiercest advocates, accused him of beating her in two separate court filings.

Abrego Garcia previously pleaded not guilty to the now-dismissed charges.