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Federal judge dismisses human smuggling case against Kilmar Abrego Garcia

The judge granted Abrego Garcia's motion to dismiss for vindictive prosecution.

Published May 22, 2026, 7:17 PM
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 Federal judge dismisses human smuggling case against Kilmar Abrego Garcia

A federal judge on Friday dismissed the criminal human smuggling case brought by the Department of Justice against Kilmar Abrego Garcia. 

The judge granted Abrego Garcia's motion to dismiss for vindictive prosecution. 

Abrego Garcia, who had been living in Maryland with his wife and children, was deported in March of last year to El Salvador's CECOT mega-prison -- despite a 2019 court order barring his deportation to that country due to fear of persecution -- after the Trump administration claimed he was a member of the criminal gang MS-13, which he denies.

Kilmar Abrego Garcia arrives at the federal courthouse, Feb. 26, 2026, in Nashville, Tenn.

George Walker IV/AP

He was brought back to the U.S. in June to face human smuggling charges in Tennessee, after which U.S. District Judge Paula Xinis released him from ICE detention while he was awaiting trial.

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He was scheduled to go to trial on the Tennessee charges, to which he pleaded not guilty, in January.

This is a developing story. Please check back for updates.

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