DOJ asks court to reinstate criminal charges against Salvadoran man deported by Trump administration

The U.S. Justice Department is urging a federal appeals court to reinstate criminal charges against Kilmar Abrego Garcia, a Salvadoran national who was allegedly wrongfully deported by the Trump administration. The charges, which accuse Abrego Garcia of smuggling immigrants into the U.S. illegally, were dismissed by a federal judge in Tennessee in May.

The lower court found that the Justice Department's prosecution of Abrego Garcia was vindictive, suggesting it was retaliation for his efforts to contest his deportation. However, in a filing before the U.S. Court of Appeals for the 6th Circuit, the Justice Department has denied these allegations. The department maintains that prosecutors had "multiple legitimate bases to prosecute" Abrego Garcia, based on evidence and law, and that there is proof beyond a reasonable doubt of his guilt in the alleged offenses.

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The decision to seek an indictment against Abrego Garcia for human smuggling was made by career prosecutors based on the evidence, the law, and their firm belief that there is proof beyond a reasonable doubt that Abrego Garcia had committed the offenses charged

The Justice Department argued that the lower court's decision represented "a dramatic expansion of the power of courts to dismiss serious criminal charges based on subjective assessments of a prosecutor's motivations." Abrego Garcia was initially charged last year with two counts of human smuggling following a November 2022 traffic stop in Tennessee, where he was found with multiple passengers in his vehicle. He has pleaded not guilty to these charges.

In a separate legal matter, Abrego Garcia is involved in a federal court case in Maryland concerning the Trump administration's attempts to deport him. Immigration and Customs Enforcement (ICE) has stated its intention to deport him to Liberia, but a federal judge has currently blocked this action. CBS News has reached out to Abrego Garcia's attorney for comment.

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The court order from May marks a dramatic expansion of the power of courts to dismiss serious criminal charges based on subjective assessments of a prosecutor's motivations.