The Department of Justice filed an appeal challenging a federal judge’s May ruling that had blocked criminal charges against Kilmar Abrego Garcia, a 31-year-old Salvadoran national. The government argues that US District Judge Waverly Crenshaw’s decision contained legal flaws and should be overturned by the 6th US Circuit Court of Appeals.
Abrego Garcia’s case centers on his wrongful deportation to El Salvador, which US authorities eventually acknowledged. Following his deportation, he was held in a Salvadoran government-operated detention facility known for poor conditions and allegations of abuse. An immigration judge had issued a 2019 order recognizing that Abrego Garcia faced a credible threat if returned to El Salvador.
After admitting the deportation was improper, the government initially resisted bringing Abrego Garcia back to the United States. Upon his return, federal prosecutors charged him with human trafficking. In his May decision, Crenshaw concluded that evidence pointed to “presumptive vindictiveness” and found the prosecution represented an “abuse of prosecuting power,” suggesting the charges would not have been pursued absent the case’s negative publicity for the government.
Abrego Garcia has indicated willingness to be deported to Costa Rica, but the Trump administration has opposed this option. Instead, the government has sought his deportation to Liberia, a country where he has no existing connections and where he would be separated from his social network. The appeal represents the administration’s effort to move forward with the criminal case despite the earlier judicial finding of retaliatory intent.
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