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US judge tosses case against wrongly deported Salvadorean man Abrego Garcia

6 articles
5 sources
0% diversity
Updated 23.5.2026
Key Topics & People
Kilmar Abrego Garcia *El Salvador Waverly Crenshaw human smuggling Kilmar Ábrego García

Coverage Framing

6
Legal & Judicial(6)
Avg Factuality:80%
Avg Sensationalism:Low

Story Timeline

May 23 Morning

2 articles|2 sources
wrongful deportationjustice departmentmistaken deportationkilmar abrego garciaabuse of prosecuting power
Legal & Judicial(2)
South China Morning PostMay 23

US judge tosses case against wrongly deported Salvadorean man Abrego Garcia

A US federal judge dismissed a criminal case against Kilmar Abrego Garcia, a Salvadorean man. US District Judge Waverly Crenshaw ruled the indictment by the Trump administration's Justice Department was an "abuse of prosecuting power." Abrego Garcia, a Maryland resident married to an American citizen, had been living in the US with protected legal status since 2019. He was wrongly deported to El Salvador in March of last year due to an "administrative error," according to Justice Department lawyers. Upon his return to the US in June, he was detained and charged with human smuggling. Abrego Garcia sought to have these charges dismissed, arguing they were a vindictive prosecution.

MeasuredFactual1 source
Negative
Associated Press (AP)May 23

Judge dismisses criminal charges against Kilmar Abrego Garcia, who was mistakenly deported

A federal judge in Nashville, Tennessee, dismissed human smuggling charges against Kilmar Abrego Garcia, ruling that the Justice Department's prosecution was a retaliatory measure for his successful challenge to his mistaken deportation to El Salvador. U.S. District Judge Waverly Crenshaw found evidence of "presumptive vindictiveness," citing the timing of the indictment and statements by top Justice Department officials. Abrego Garcia, a Salvadoran citizen with an American wife and child, had been granted protection from deportation in 2019 but was deported last year, an action that became an embarrassment for Trump administration officials. Despite this legal victory, Abrego Garcia's future in the U.S. remains uncertain, as officials have threatened to deport him to other countries. The Justice Department plans to appeal the judge's decision.

MeasuredFactual1 source
Positive

Key Claims

factual

US federal judge dismissed criminal case against wrongly deported Salvadorean man Kilmar Abrego Garcia.

— US District Judge Waverly Crenshaw

factual

Judge ruled the indictment of Abrego Garcia by the Justice Department was an abuse of prosecuting power.

— US District Judge Waverly Crenshaw

factual

Abrego Garcia had been living in the US under protected legal status since 2019.

— article

factual

Justice Department lawyers admitted Abrego Garcia had been wrongly deported due to an administrative error.

— Justice Department lawyers

factual

After his return to the US in June, Abrego Garcia was detained and charged with human smuggling.

— article

May 22 Evening

4 articles|3 sources
deportationhuman smugglingtrump administrationprosecutionel salvador
Legal & Judicial(4)
The Guardian - World NewsMay 22

US judge dismisses criminal indictment against Kilmar Ábrego García

A US judge dismissed the criminal indictment against Kilmar Ábrego García on Friday. The judge determined that the Trump administration would not have prosecuted Ábrego García if he had not challenged his high-profile deportation. Ábrego García, who had previously entered the US without authorization, was sent to El Salvador's Cecot prison last March, despite a court order due to persecution risks. He was brought back to the US in June after the Supreme Court ordered the administration to facilitate his return, but prosecutors then secured a human smuggling indictment against him. Ábrego García pleaded not guilty, arguing he was prosecuted in retaliation for suing the government to return him from El Salvador.

MeasuredFactual
Negative
BBC News - WorldMay 22

Judge dismisses criminal case against Kilmar Abrego Garcia

A US federal judge has dismissed the criminal case against Kilmar Abrego Garcia, who was wrongfully deported to El Salvador last year. Abrego Garcia returned to the US in June after the government acknowledged its error. Subsequently, federal prosecutors charged him with human smuggling related to a 2022 incident. In her ruling, US District Judge Waverly Crenshaw stated that Abrego Garcia was charged for political reasons, specifically to justify his initial deportation. The judge found that the government reopened its investigation into the 2022 traffic stop only after Abrego Garcia successfully challenged his removal. The court concluded that without Abrego Garcia's lawsuit, the government would not have pursued this prosecution.

MeasuredFactual1 source
Negative
Al JazeeraMay 22

US judge dismisses indictment against Kilmar Abrego Garcia

A US judge has dismissed the indictment against Kilmar Abrego Garcia, a Salvadoran national. US District Judge Waverly Crenshaw ruled that the Department of Justice only reopened its human smuggling probe after Abrego Garcia filed a lawsuit challenging his deportation. The investigation stemmed from a 2022 traffic stop, and the case had previously been closed when Abrego Garcia was deported. However, after the US Supreme Court ruled he should be returned from El Salvador, prosecutors secured a criminal indictment against him for human smuggling. Abrego Garcia pleaded not guilty, arguing the prosecution was retaliation for his lawsuit. The judge found that the timing of the charges indicated a "presumption of vindictiveness," stating the government would not have pursued the prosecution absent his successful deportation challenge.

MeasuredFactual1 source
Negative

Key Claims

factual

A US judge dismissed the criminal case against Kilmar Abrego Garcia.

quote

The judge stated the case was brought for political reasons to justify the government's decision to deport Abrego Garcia.

— US District Judge Waverly Crenshaw

quote

The Trump administration failed to rebut the presumption of vindictiveness.

— US District Judge Waverly Crenshaw

quote

The government would not have brought this prosecution absent Abrego's successful lawsuit challenging his removal to El Salvador.

— US District Judge Waverly Crenshaw

factual

Kilmar Abrego Garcia was wrongfully deported to El Salvador last year.