US Judge Dismisses Indictment Against Kilmar Abrego Garcia
May 22, 2026 • Al Jazeera
US Judge Dismisses Indictment Against Salvadoran National Kilmar Abrego Garcia
A US District Judge has dismissed an indictment against Kilmar Abrego Garcia, a Salvadoran national who was charged with human smuggling and conspiracy to commit human smuggling. The decision came after Garcia filed a lawsuit challenging his deportation.
According to the court documents, the Department of Justice reopened its investigation into Abrego Garcia’s case after he filed his lawsuit. US District Judge Waverly Crenshaw found that the government would not have brought the prosecution if Garcia had not challenged his deportation.
Abrego Garcia was previously deported to El Salvador in 2022, despite a prior court order granting him protection against being returned due to a risk of persecution from a gang targeting his family. He was later returned to the US after prosecutors secured a criminal indictment charging him with human smuggling and conspiracy to commit human smuggling.
The timing of the charges was central to the dismissal of the indictment, as it raised concerns about vindictiveness. The court documents indicate that Homeland Security had previously closed the case against Abrego Garcia when he was deported in 2022, but reopened it after the US Supreme Court ruled that he be returned from El Salvador.
Abrego Garcia pleaded not guilty to the charges and argued that he was being prosecuted in retaliation for suing the government. The court’s decision to dismiss the indictment means that Abrego Garcia will no longer face prosecution on these charges.
Source: Al Jazeera