U.S. Appeals Court Weighs Reinstating Charges Against Salvadoran Immigrant
Federal prosecutors are asking an appeals court to revive criminal charges against Kilmar Abrego Garcia, a Salvadoran immigrant previously cleared after a judge determined the case…
Federal prosecutors are asking an appeals court to
Federal prosecutors are asking an appeals court to revive criminal charges against Kilmar Abrego Garcia, a Salvadoran immigrant previously cleared after a judge determined the case was retaliation for an immigration dispute that embarrassed the government.
In a filing Thursday, the Justice Department argued that the lower court erred in dismissing the indictment, asserting that the charges were supported by probable cause and that the judge overstepped by considering prosecutorial intent. The government contends that the decision to charge Abrego Garcia was independent of any alleged retaliation.
Abrego Garcia, who has been in U.S. immigration custody since 2019, was initially charged with illegal reentry after deportation. However, U.S. District Judge William G. Young dismissed the case in March, finding that the charges were brought in bad faith to punish Abrego Garcia for his role in a separate lawsuit that exposed government misconduct.
That earlier lawsuit revealed that immigration officials…
That earlier lawsuit revealed that immigration officials had wrongly denied Abrego Garcia protection under the Violence Against Women Act, a provision that shields certain immigrants who are victims of domestic abuse. The judge’s ruling criticized the government for using the criminal case as leverage in an unrelated civil matter.
Now, the government’s appeal could send the case back to trial, rekindling a legal battle that has drawn attention from immigrant rights advocates. They argue that the prosecution is an attempt to chill cooperation in civil rights litigation and to shield government agencies from accountability.
The appeals court has not yet set a hearing date, but legal experts say the outcome could have broader implications for how courts handle claims of prosecutorial vindictiveness in immigration-related cases. For now, Abrego Garcia remains in detention, awaiting a decision that could determine whether he faces trial or returns to a civil court fight over his immigration status.