A federal judge on Friday dismissed the federal human smuggling indictment against Kilmar Abrego Garcia, an illegal immigrant who had previously been deported to El Salvador.
This is the latest major development in a legal battle that has continued since a court ordered the Trump administration to bring Garcia back to the country after having sent him to his home country.
U.S. District Judge Waverly Crenshaw ruled that “objective evidence here shows that, absent Abrego’s successful lawsuit challenging his removal to El Salvdaor, the Government would not have brought this prosecution.”
He further noted that “The Executive Branch closed its investigation on the November 2022 traffic stop. Only after Abrego succeeded in vindicating his rights did the Executive Branch reopen that investigation.”
The judge rejected the federal government’s argument that it had found “new evidence” proving Garcia committed the crimes for which he was accused. He noted that “The prosecutor’s subjective good faith does not cure the retaliatory taint.” Garcia’s case has been dismissed with prejudice, meaning the government cannot bring these charges against him again.
BREAKING: Kilmar Abrego Garcia's federal human smuggling indictment has just been dismissed.
— Bill Melugin (@BillMelugin_) May 22, 2026
From the federal judge's opinion:
"The Court does not reach its conclusion lightly. The objective evidence here shows that, absent Abrego’s successful lawsuit challenging his removal to… pic.twitter.com/V1lUEubuPG
The government brought Garcia back to the country to face smuggling charges tied to a 2022 traffic stop in Tennessee. Prosecutors accused him of transporting illegal aliens across the country. He had pleaded not guilty and argued the case was retaliation for his successful challenge to the Trump administration’s decision to deport him.
Another judge ruled in February that ICE could not take Garcia back into custody because the 90-day post-release detention window expired and the government did not have a realistic plan for deporting him to a different country.
pic.twitter.com/0lP7zQ6oBD 🚨 JUST IN: Kilmar Abrego Garcia’s human smuggling indictment was dismissed by an Obama-appointed judge, sparking outrage as critics demand deportation and accuse the courts of protecting criminal illegal aliens.
— Stephen Gardner (@StephenGardnerX) May 22, 2026
Calls are now growing for an appeal and…
Back in 2019, an immigration judge granted Garcia a withholding of removal, prohibiting the government from sending him back to El Salvador after he argued he could face violent retaliation from gangs in the country.
The criminal case against Garcia has been quashed. But this does not mean he will be allowed to remain in the country yet. The Department of Homeland Security (DHS) is still trying to deport him. In April, government lawyers told a court they still plan to deport him to Liberia, even though Costa Rica has agreed to accept deportees who cannot be sent back to their home countries.
Meanwhile, Garcia’s legal team is still trying to secure asylum and other protection claims in immigration court that would allow him to remain in the country. He also has a civil suit in Maryland against DHS’ efforts to deport him again, meaning this battle is far from over.
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