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DOJ moves to revive smuggling charges against wrongly deported Salvadoran man

Aug 18, 2026 · Sacramento, CA, Mexico

DOJ moves to revive smuggling charges against wrongly deported Salvadoran man

Kilmar Abrego Garcia, a Salvadoran national living in Maryland with his U.S. citizen family, was unlawfully deported to El Salvador's CECOT prison in March 2025 despite a 2019 court order protecting him from removal due to gang violence risks. The Supreme Court unanimously ordered his return, and he was brought back to the U.S. in June 2025, after which federal prosecutors indicted him on human smuggling charges in Tennessee. Costa Rica offered him refugee status in August 2025, but the administration instead pursued deporting him to African nations, including Liberia, which have resisted. A judge ordered his release from ICE custody in December 2025 after finding government lawyers misled the court, and later blocked his re-detention and deportation to Liberia. A federal judge dismissed the smuggling charges in May 2026 as vindictive retaliation for his legal challenge, but in August 2026 the Justice Department asked the Sixth Circuit Court of Appeals to reinstate the charges, a move his attorneys are contesting.

Timeline

Aug 17, 2026DOJ asked Sixth Circuit Court of Appeals to reinstate the dismissed charges, as his attorneys contest the move
May 1, 2026Federal judge in Tennessee dismissed smuggling charges, citing vindictive retaliation
Feb 1, 2026Judge ruled ICE could not re-detain him
Dec 1, 2025Judge ordered his release from ICE custody after finding government misled court about Costa Rica offer
Aug 1, 2025Costa Rica offered to grant him refugee status; administration instead pursued deportation to African nations
Jun 1, 2025Abrego Garcia returned to the U.S. and indicted on human smuggling charges in Tennessee
Apr 1, 2025Supreme Court unanimously ordered the government to facilitate his return
Mar 1, 2025Kilmar Abrego Garcia unlawfully deported to CECOT prison in El Salvador despite a court order barring his removal

Sources

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