Tennesse judge dismisses Kilmar Abrego Garcia charges in blow to Trump DOJ

A federal judge dismissed the criminal indictment against Salvadoran migrant Kilmar Abrego Garcia, finding that the Trump management likely would not have prosecuted him if he hadn’t challenged his deportation in court. The case followed his controversial transfer to a megaprison in El Salvador in March 2025 despite an earlier order blocking his removal over fears of persecution.

After the legal dispute expanded and the Supreme Court later required the government to help return him to the U.S., federal authorities brought him back in June 2025. Shortly before his return, prosecutors indicted him for alleged human smuggling, and he argued the charges were retaliation for suing the government. The judge agreed, and the administration is expected to appeal.


A federal judge dismissed the criminal indictment against Salvadoran migrant Kilmar Abrego Garcia on Friday, ruling that the Trump administration likely would not have prosecuted him had he not challenged his deportation in court.

Abrego, who entered the United States illegally, became a high-profile figure in the administration’s mass deportation push after he was sent to a megaprison in El Salvador in March 2025 despite an earlier court order prohibiting his removal there due to fears of persecution.

Kilmar Abrego Garcia arrives at the federal courthouse, Feb. 26, 2026, in Nashville, Tennessee. (AP Photo/George Walker IV)

The case escalated into a broader legal and political fight after the administration resisted efforts to return Abrego to the U.S. The Supreme Court later ordered the government to facilitate his return, leading federal authorities to bring him back in June 2025.

JUDGE KEEPS BLOCK ON TRUMP ADMINISTRATION EFFORT TO DEPORT KILMAR ABREGO GARCIA TO LIBERIA

Shortly before his return, prosecutors secured a criminal indictment accusing Abrego Garcia of participating in a human smuggling scheme. He pleaded not guilty and argued the prosecution was retaliatory, claiming the charges were brought because he sued the government over his deportation.

In dismissing the indictment Friday, the judge sided with Abrego Garcia’s argument that the prosecution appeared tied to his legal challenge against the administration. The administration is likely to appeal the decision.

This is a breaking news story and will be updated.



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