The Justice Department requested a federal appeals court to restore criminal charges against Kilmar Abrego Garcia, a Salvadoran man who was mistakenly deported by the Trump administration. They are appealing a lower court’s decision that had dismissed the charges as retaliatory.
In May, a Tennessee federal judge dropped an indictment against Abrego Garcia, who had been accused of smuggling immigrants into the United States illegally. The judge determined that the prosecution was a response to Abrego Garcia’s challenge of his deportation to El Salvador the previous year.
On Monday, the Justice Department filed with the U.S. Court of Appeals for the 6th Circuit, refuting claims of vindictive prosecution. They asserted that multiple legitimate grounds existed for pursuing charges against Abrego Garcia. A news release emphasized, “The decision to indict him for human smuggling was based on evidence, law, and the belief that he committed the offenses charged.”
The Justice Department also contended that the earlier ruling represents a substantial overreach of judicial authority by allowing courts to dismiss severe criminal charges based on perceived motivations of prosecutors.
According to the Justice Department, Abrego Garcia faces two human smuggling charges from a November 2022 incident in Tennessee. State Highway Patrol had stopped him and discovered numerous individuals inside his vehicle. He has pleaded not guilty to these charges.
Abrego Garcia is involved in a separate legal battle in Maryland concerning the Trump administration’s deportation efforts. Immigration and Customs Enforcement is attempting to deport him to Liberia, but a federal judge has temporarily halted this action.
CBS News has sought comments from Abrego Garcia’s lawyer.