A federal judge has dismissed criminal charges against an MS-13 gang member accused of human trafficking, citing vindictive prosecution by the Trump administration and sparking immediate plans for an appeal from the Department of Justice.

Obama-Appointed Judge Rules for Gang Member

Judge Waverly Crenshaw, appointed by President Obama, granted Kilmar Abrego Garcia’s motion to dismiss his human trafficking indictment on Friday. The ruling found that prosecutors violated the Fifth Amendment’s Due Process Clause through selective and vindictive prosecution. Crenshaw’s 32-page opinion criticized the Trump DOJ for what he described as targeting Garcia specifically rather than investigating the underlying crimes. The Trump administration immediately announced plans to appeal the decision.

Abrego Garcia, an El Salvadoran national, was living illegally in Maryland when an immigration judge ordered his removal in 2019. Despite the deportation order and his alleged MS-13 gang membership, he remained central to an ongoing criminal investigation. After being transported to El Salvador, authorities brought him back to face federal charges in Tennessee for human trafficking violations spanning nearly a decade.

Biden Administration Released Alleged Trafficker in 2022

Body camera footage obtained by Fox News shows authorities catching Abrego Garcia during a November 2022 traffic stop while allegedly engaged in human trafficking. Despite the evidence, the Biden administration’s FBI instructed local officers to release him. Immigration and Customs Enforcement officials were contacted but never arrived at the scene. This incident became a focal point in the subsequent federal investigation that led to his indictment.

A federal grand jury charged Abrego Garcia with conspiracy to transport aliens and unlawful transportation of undocumented aliens. The indictment alleged he worked with co-conspirators from El Salvador, Guatemala, Mexico, and the United States to traffic illegal aliens between 2016 and 2025. Prosecutors initially closed their investigation before reopening it under the Trump administration.

Judge Blasts Investigation Sequence

Judge Crenshaw’s ruling focused heavily on the timeline and motivation behind the reopened investigation. His opinion stated that prosecutors worked backward from a desired outcome rather than following evidence naturally. The judge wrote that Deputy Attorney General Todd Blanche initiated the investigation specifically to implicate Abrego Garcia and justify his removal to El Salvador, rather than investigating the 2022 traffic stop to identify those responsible for human smuggling operations.

The dismissal referenced public statements from Attorney General Pam Bondi, Blanche, and Homeland Security Secretary Kristi Noem as evidence of vindictive intent. Judge Crenshaw concluded that Main Justice directed Abrego Garcia’s return to the United States and that the government’s explanation ignored testimony supporting this sequence of events. The Trump DOJ maintains the prosecution was justified based on evidence of criminal activity spanning multiple years.