US judge dismisses indictment against Salvadoran migrant Kilmar Abrego
Source: Reuters
May 22, 2026 3:02 PM EDT Updated 5 mins ago
NEW YORK, May 22 (Reuters) - A U.S. judge dismissed an indictment against Salvadoran migrant Kilmar Abrego on Friday, finding that the Trump administration would not have prosecuted him had he not challenged his deportation.
Abrego, who entered the United States illegally, became a symbol of the Trump administration's drive for mass deportations when he was sent to a megaprison in El Salvador in March despite a prior court order barring him from being returned there because of a risk of persecution.
The Trump administration brought Abrego back to the U.S. in June after the U.S. Supreme Court ordered the government to facilitate his return. His return came only after prosecutors secured a criminal indictment charging Abrego with human smuggling.
Abrego pleaded not guilty and argued he was being prosecuted in retaliation for suing the government to be returned.
Read more: https://www.reuters.com/world/us-judge-dismisses-indictment-against-salvadoran-migrant-kilmar-abrego-2026-05-22/
Just breaking.
Link to ORDER (PDF) - https://storage.courtlistener.com/recap/gov.uscourts.tnmd.104622/gov.uscourts.tnmd.104622.312.0.pdf
REFERENCES (most recent/relevant)
https://www.democraticunderground.com/10143622799
https://www.democraticunderground.com/10143622891
https://www.democraticunderground.com/10143648213
LetMyPeopleVote
(182,379 posts)BREAKING: The judge has DISMISSED the criminal charges against Kilmar Abrego Garcia on vindictive and selective prosecution grounds! A MAJOR win for Mr. Abrego. storage.courtlistener.com/recap/gov.us...
— Mueller, She Wrote (@muellershewrote.com) 2026-05-22T19:09:15.136Z

underpants
(197,281 posts)Good. They clearly were trying to get rid of him and make an example out of him.
70sEraVet
(5,640 posts)the nelm
(302 posts)I'm sure they'll try and conjure up some other bs to go after him with. Trump and his goons are nothing if not vindictive after all.
LetMyPeopleVote
(182,379 posts)mahatmakanejeeves
(70,909 posts)Thanks, and good afternoon.
LetMyPeopleVote
(182,379 posts)The deportation proceeding is in Maryland. This opinion will be used in the deportation case
LetMyPeopleVote
(182,379 posts)The Maryland man was charged with human smuggling after a high-profile legal fight in which courts ruled he had been illegally deported to El Salvador.
Link to tweet
https://www.washingtonpost.com/national-security/2026/05/22/judge-drops-criminal-case-against-kilmar-abrego-garca-ruling-it-vindictive
U.S. District Judge Waverly D. Crenshaw Jr. in Tennessee wrote that evidence before this Court sadly reflects an abuse of prosecuting power.
The decision delivered an extraordinary defeat for the administration, which marshaled the resources of multiple federal agencies to publicly malign Abrego after court rulings concluded that officials had unlawfully deported him to his native El Salvador, in violation of a 2019 immigration court order.
Crenshaws ruling also marked the first time a judge has validated what has become an increasingly common defense raised by high-profile defendants targeted by the Justice Department in Trumps second term: the claim that they are being prosecuted not in pursuit of justice but rather for political revenge.
In his decision, the judge acknowledged the incredibly high bar defendants must meet to warrant a cases dismissal on those grounds. It requires defense attorneys to prove that charges would not have been brought but for improper, vindictive motives on the part of government attorneys......
Despite Crenshaws decision, U.S. immigration authorities have previously signaled they still intend to deport Abrego, 31 who entered the country illegally from El Salvador as a teen. But their ability to do so has been temporarily blocked by a federal court ruling from Maryland, where Abrego lives with his wife, a U.S. citizen, and children.
The feds will still try to deport Abrego
BumRushDaShow
(172,568 posts)But then suddenly, that option got pulled as DHS & DOJ wanted to continue the flogging punishment, since he kept exposing their P.R. game-playing, and were continuing to scramble to paper-over their arrogant and vindictive stupidity.
rurallib
(64,848 posts)for being royally fucked over by an out of control administration, it is this guy and his family.
I would say he should get a billion and another billion from Trump, and another from Miller.
LetMyPeopleVote
(182,379 posts)The Maryland man was charged with human smuggling after a high-profile legal fight in which courts ruled he had been illegally deported to El Salvador.
Link to tweet
https://www.washingtonpost.com/national-security/2026/05/22/judge-drops-criminal-case-against-kilmar-abrego-garca-ruling-it-vindictive
U.S. District Judge Waverly D. Crenshaw Jr. in Tennessee wrote that evidence before this Court sadly reflects an abuse of prosecuting power.
The decision delivered an extraordinary defeat for the administration, which marshaled the resources of multiple federal agencies to publicly malign Abrego after court rulings concluded that officials had unlawfully deported him to his native El Salvador, in violation of a 2019 immigration court order.
Crenshaws ruling also marked the first time a judge has validated what has become an increasingly common defense raised by high-profile defendants targeted by the Justice Department in Trumps second term: the claim that they are being prosecuted not in pursuit of justice but rather for political revenge.
In his decision, the judge acknowledged the incredibly high bar defendants must meet to warrant a cases dismissal on those grounds. It requires defense attorneys to prove that charges would not have been brought but for improper, vindictive motives on the part of government attorneys......
Despite Crenshaws decision, U.S. immigration authorities have previously signaled they still intend to deport Abrego, 31 who entered the country illegally from El Salvador as a teen. But their ability to do so has been temporarily blocked by a federal court ruling from Maryland, where Abrego lives with his wife, a U.S. citizen, and children.
The feds will still try to deport Abrego
LetMyPeopleVote
(182,379 posts)This opinion will be featured in the case when Blanche is disbarred. This judge called out Blanche 30 times.
Link to tweet
Court dismisses indictment of Abrego Garcia (an exceedingly rare outcome in a criminal case).
Finding of vindictive prosecution and "an abuse of prosecuting power."
The opinion name checks Blanche nearly 30 times.

Yo_Mama_Been_Loggin
(137,652 posts)Hassin Bin Sober
(27,500 posts)LetMyPeopleVote
(182,379 posts)A judge found that Abrego wouldnt have been prosecuted if he hadnt brought a successful lawsuit challenging his removal to El Salvador.
Trump administrationâs efforts âto create a boogeymanâ FAILS BIGLY
— Anti-Trumpism (@forabettertomorrow.bsky.social) 2026-05-22T21:29:15.523Z
Judge dismisses Kilmar Abrego Garciaâs criminal indictment as vindictive by Trump DOJ
Garcia should be entitled to millions from Trumpâs slush fund
Just Sayinâ
https://www.ms.now/deadline-white-house/deadline-legal-blog/judge-dismisses-kilmar-abrego-garcias-criminal-indictment-trump-doj
The Trump administration had resisted remedying that illegal removal for months before it finally brought him back in June 2025 to the United States, where it had criminal charges waiting for him.
The objective evidence here shows that, absent Abregos successful lawsuit challenging his removal to El Salvador, the Government would not have brought this prosecution, U.S. District Judge Waverly Crenshaw wrote in his rare grant of such a motion, which the judge said he didnt do lightly.
Vindictive prosecution motions are rarely granted but have been brought by several defendants targeted by the administration in President Donald Trumps revenge-themed second term.....
The Executive Branch closed its investigation on the November 2022 traffic stop, Crenshaw wrote Friday, adding, Only after Abrego succeeded in vindicating his rights did the Executive Branch reopen that investigation.
In his ruling, the judge referred to acting Attorney General Todd Blanches investigation as tainted. Crenshaw wrote that instead of investigating the November 2022 traffic stop to identify who was responsible for the human smuggling, Blanche started the investigation to implicate Abrego. He did so to justify the Executive Branchs decision to remove him to El Salvador.
Abregos illegal removal and the prolonged fight over his return drew widespread attention last year.
I believe that Blanche will face disbarment due to this and other actions.

