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Justice Department pushes to revive criminal case against Kilmar Abrego Garcia

Justice Department pushes to revive criminal case against Kilmar Abrego Garcia

Summary

The Justice Department wants to restart criminal charges against Kilmar Abrego Garcia, who was wrongly deported to El Salvador and then indicted upon return. A judge previously dismissed the charges, saying the government targeted Garcia after he won a lawsuit over the wrongful deportation, but the government disagrees and has appealed.

Key Facts

  • Kilmar Abrego Garcia was mistakenly deported to a prison in El Salvador in 2025.
  • He sued the government over the wrongful deportation and won.
  • After winning, the government brought human smuggling charges against him.
  • U.S. District Judge Waverly Crenshaw threw out the charges, calling the case an abuse of prosecuting power.
  • The judge said the timing suggested the government acted with "presumptive vindictiveness," meaning they might have prosecuted Garcia in retaliation.
  • The Justice Department argues the prosecution aimed to serve public safety, not to punish Garcia unfairly.
  • The appeal focuses on whether prosecutors’ motivations justify reviving the charges.
  • Garcia is a Salvadoran citizen with an American wife and child and has lived in Maryland for years.
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