U.S. government asks to reinstate charges against Abrego García, deported 'in error'

The U.S. Department of Justice (DOJ) is urging a federal court to revive human trafficking charges against Kilmar Abrego García, an immigrant who was deported to El Salvador in 2025 due to what the department acknowledges was an "administrative error." This case has become a focal point, particularly given its connection to former President Donald Trump's immigration policies.

Judicial documents reveal that prosecutors have asked the Sixth Circuit Court of Appeals to overturn a May ruling by a district judge who dismissed the charges. The judge had characterized the DOJ's pursuit of Abrego García as "vindictive" action. However, the DOJ contends that the court should reverse the district court's order dismissing the indictment.

This legal maneuver aims to reignite the controversy surrounding Abrego García. He was sent to El Salvador with 230 other migrants despite having protected status and a Supreme Court ruling that deemed his expulsion illegal. After nearly three months detained in El Salvador and a forced return to the U.S., the DOJ charged him with conspiracy to transport aliens and transporting undocumented aliens.

These charges, which the DOJ pursued to facilitate his deportation, were dismissed by Judge Waverly Crenshaw. He found that Abrego García was subjected to "vindictive and selective prosecution, in violation of the Fifth Amendment's Due Process Clause." The judge also cited statements from the then-acting U.S. Attorney General, Todd Blanche, suggesting the government was targeting Abrego García solely because he had won a lawsuit over his erroneous deportation.

Despite the previous ruling, prosecutors argue that the U.S. "reopened" an existing criminal investigation that had been closed due to his expulsion. They also claim to have obtained new evidence against Abrego García, which they believe warrants the formal human trafficking charges. Abrego García, who fled to the U.S. over a decade ago due to gang threats, became a prominent figure in the fight against Trump-era anti-immigration policies.