DOJ Appeals Dismissal of Kilmar Abrego Garcia Smuggling Case

The Department of Justice asked a federal appeals court to revive migrant-smuggling charges against Kilmar Abrego Garcia. This move comes after a judge dismissed the case in May. The agency filed the appeal Monday with the U.S. Court of Appeals for the Sixth Circuit. They want the court to reverse the lower court’s ruling. The goal is to get the indictment back on the docket. An appeal is necessary to ensure federal law is followed appropriately, the DOJ said.

The case centers on a traffic stop in Tennessee back in November 2022. Police stopped a vehicle driven by Garcia. Authorities notified the Department of Homeland Security regarding his report after evidence surfaced showing his participation in human smuggling. The agency noted his stated route of travel made no sense. The car was full of passengers who had no luggage despite a long trip. Per The Federalist, the DOJ says this evidence supports the original charges.

U.S. District Judge Waverly Crenshaw dismissed the indictment earlier this year. He was nominated by President Barack Obama. The judge claimed the prosecution was driven by presumptive vindictiveness. He argued the government brought the charges in retaliation for a civil suit Garcia filed. According to the judge, the strength of the case was never addressed within the order.

But the DOJ argues the judge got the law wrong. The ruling, they claim, broadens the authority of courts to dismiss significant criminal charges. The brief states the district court did not follow relevant Supreme Court precedent. The agency argues this is an unwarranted intrusion into the Executive’s powers. They believe the judge applied a presumption of vindictiveness that no court has taken before. This measure required findings that the prosecutor had a personal stake in the suit.

The Justice Department laid out new details in their filing. Jose Hernandez Reyes, a convicted human smuggler, owned the car that Garcia was driving. During the stop, Garcia called Reyes and told the trooper he was calling his boss. Investigators were later informed by Reyes that Garcia served as a driver for his smuggling operation. He had Garcia saved in his phone as chauffeur.