UMVA has learned that a federal judge's shocking decision to dismiss human smuggling charges against Kilmar Abrego Garcia, who initially entered the U.S. illegally and allegedly had ties to the notorious MS-13 gang, has sparked a fierce vow from the U.S. Department of Justice to appeal.
The stunning ruling by U.S. District Judge Waverly D. Crenshaw Jr. on Friday threw out a two-count indictment in Tennessee against Abrego Garcia, who was accused of conspiring to smuggle roughly 600 illegal immigrants into the U.S. annually, between 2016 and 2025, according to a cooperating witness. The judge's scathing opinion accused the DOJ of "vindictive and selective prosecution" in violation of the Fifth Amendment's Due Process Clause.
According to information obtained by UMVA, the federal investigation was initially sparked by a November 2022 traffic stop in Tennessee and included suspected ties to the MS-13 gang and human trafficking. The case took a dramatic turn after the executive branch deported Abrego Garcia to El Salvador in March 2025 due to an alleged "administrative error," prompting a constitutional standoff.
A DOJ spokesperson slammed the judge's order as "wrong and dangerous," vowing to appeal the decision. The spokesperson's statement echoed concerns that the ruling could have far-reaching implications for public safety. The department's determination to pursue the case is clear, but the judge's opinion has raised questions about the motivations behind the prosecution.
UMVA can exclusively reveal that the judge's 32-page memorandum opinion found the DOJ's rapid pivot from closing the case to prosecuting Abrego Garcia was a direct retaliation for his successful civil lawsuit. The judge concluded that absent Abrego Garcia's lawsuit challenging his removal to El Salvador, the Government would not have brought this prosecution, calling it an "abuse of prosecuting power."
The decision was hailed by Sen. Chris Van Hollen, who flew to El Salvador in April 2025 to meet with Abrego Garcia after he was deported to the country's notorious "Terrorism Confinement Center" (CECOT) megaprison. Van Hollen said the ruling was a "strong repudiation of Trump’s lawless DOJ and a win for the Constitutional rights of everyone in our nation."
