Judge Dismisses Criminal Case Against Kilmar Abrego Garcia
Credit: Alex Wong - Getty Images
May 23, 2026

FINALLY! The judge overseeing Kilmar Abrego Garcia's criminal case officially threw it out because it was what we all knew it was - vindictive prosecution.

On Friday afternoon, the judge overseeing the case issued a blistering ruling, positively dragging the prosecutors and the DOJ over this case. The case was clearly retribution for Abrego Garcia's winning his deportation case to El Salvador. The DOJ and Trump were so butthurt at the embarrassment, they decided to create a fake "immigrant smuggling" case out of whole cloth, tying it to a random traffic stop from 2022.

The judge, in the ruling, said: “The evidence before this Court sadly reflects an abuse of prosecuting power." Additionally, Judge Crenshaw said there was "significant proof, including statements from now-acting Attorney General Todd Blanche, indicating that the investigation into a 2022 traffic stop of Abrego in Tennessee was reopened last year in response to a federal judge in Maryland ruling that Abrego’s deportation was illegal and authorities needed to facilitate his return to the U.S."

Trump's administration slow-walked Abrego's return to America, only doing it *after* the DOJ had secured another indictment of him related to this random 2022 traffic stop, making up charges alleging that he was "part of a conspiracy to transport undocumented immigrants from Texas to Maryland."

The 2022 traffic stop happened in Tennessee and involved Abrego and eight other Latino men being found in a van on I-40. The investigation was closed after Abrego was deported in March of 2025, but was reopened after he was ordered returned following his illegal deportation.

The judge made note of that suspicious timing, saying: “From the time [an HSI agent] reopened the case, the investigation was marked by retaliatory taint." Based on the timeline, coupled with the DOJ's and Blanche's public statements, it became obvious that Abrego's prosecution was tied to his return to the United States following a successful habeas corpus petition.

Additionally, the judge drew attention to Trump's personal Roy Cohn, Todd Blanche...calling his statements in TV interviews about the Abrego case "remarkable”, pointing out that he actually acknowledged that the second investigation of Abrego was, in fact, in response to the order to reverse his deportation.

The judge said about Blanche: “Blanche’s words directly confirm that the Executive Branch reopened the criminal investigation because the Judicial Branch required the Executive Branch to facilitate Abrego’s return from El Salvador."

Judge Crenshaw’s ruling effectively ends the criminal case unless the DOJ appeals and secures a higher court's reinstatement. Abrego is still facing deportation, though. He has offered to go to Costa Rica, which has agreed to accept him. The Trump administration has proposed other, less desirable locations, such as Liberia.

The DOJ continues to be sadz, saying in a statement: “Another activist judge has placed politics above public safety. The judge’s order is wrong and dangerous, and we will appeal.”

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