The Justice Department has requested a federal appeals court reinstate charges against Kilmar Abrego Garcia, a Salvadoran man previously deported by the Trump administration. This comes after a lower court dismissed the charges, viewing them as retaliatory.
In May, a Tennessee federal judge dismissed the indictment against Abrego Garcia, who faced allegations of smuggling immigrants into the United States illegally. The judge ruled that the prosecution was an act of retaliation for Abrego Garcia’s efforts to contest his wrongful deportation to El Salvador.
On Monday, the Justice Department took its case to the U.S. Court of Appeals for the 6th Circuit. The department refuted claims of vindictiveness, asserting that it had multiple grounds for prosecution. “The indictment decision for human smuggling charges was based on evidence, legal standards, and a belief in proof beyond a reasonable doubt,” stated the Justice Department’s press release.
The Justice Department continued, suggesting that dismissing serious charges based on prosecutors’ intent represents a significant shift in judicial authority. CBS News reached out for comments from Abrego Garcia’s legal representative but received no immediate response.
Last year, Abrego Garcia faced charges on two counts of human smuggling following a November 2022 traffic stop in Tennessee. During the stop, State Highway Patrol found multiple individuals in his vehicle. He has maintained a not guilty plea.
Abrego Garcia is also engaged in a legal battle in Maryland concerning the Trump administration’s efforts to deport him. Although Immigration and Customs Enforcement has aimed to deport him to Liberia, a federal judge has temporarily halted these efforts.