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Judge Dismisses Human Smuggling Charges Against Kilmar Abrego Garcia

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Kilmar Abrego Garcia
Courtesy of Jason (Flickr CC0)

Federal Judge Drops Case Against Kilmar Abrego Garcia, Declaring Prosecution Retaliatory

NASHVILLE, Tenn. – Federal Judge Waverly Crenshaw Jr. has dropped human smuggling charges filed against Kilmar Abrego Garcia, concluding that the government’s criminal case against Abrego Garcia is a retaliatory prosecution because of Abrego Garcia’s success in avoiding deportation to his home country.

It comes amid the latest in what is one of the most high-profile immigration-related cases in the nation, a story that started with an admitted error in deportation procedures, but has since blossomed into a saga of misconduct and abuse of power.

In dropping the case on Friday, U.S. District Court Judge Crenshaw found sufficient objective evidence of an ulterior motive for the case against Abrego Garcia, which is that without his having been able to challenge his deportation to his native El Salvador, the government wouldn’t have pursued a case against him for human smuggling.

Kilmar Abrego Garcia
Courtesy of
Imagens Evangélicas (Flickr CC0)

“As objective evidence demonstrates, were it not for Abrego’s successful suit contesting his removal to El Salvador, the Government would not have commenced this prosecution.”

From Deportation Case to Criminal Case

Abrego Garcia is a migrant who has entered the United States illegally from El Salvador and is currently living in Maryland. Abrego gained recognition in his deportation from his country El Salvador, since he had been ordered by the court to stay away from his homeland as he feared being a target of persecution in the country.

Afterwards, Abrego was asked by the Supreme Court to come back to the United States. Upon his return, he was charged with the crime of human trafficking due to a traffic offense in which he was carrying some passengers in Tennessee. He pleaded himself innocent in the case.

It may be safely concluded that these charges against Abrego have been filed simply because of vengeance against his deportation which attracted national attention.

Government Justification Rejected

The court identified issues relating to when and why the criminal investigation was opened by the government.

According to the court’s conclusions, the Justice Department revisited the matter following the reversal of the deportation of Abrego Garcia. In addition, they were told to act on the case. However, according to Crenshaw, there is no evidence showing that this case was free from all these circumstances.

The court rejected that there was sufficient evidence for the case and argued that this could be a case of selective prosecution.

This decision is going to be a big shocker to the way the government approached this high profiled case.

The Case That Went Beyond Immigration

An immigration-related case proved to be much more than just that since it became involved in several other cases concerning the federal judiciary.

Not only did Abrego Garcia contest the deportation order placed on him but also protested against his detention after deportation, as well as potential imprisonment for any charges against him. Various federal judges have looked at some government actions throughout the course of events in disbelief.

Kilmar Abrego Garcia
Courtesy of Maryland GovPics (Flickr CC0)

The said case proved to become significant in debates regarding the issue of immigration and various concerns associated with it, including due process.

What Lies Ahead?

The verdict will end the criminal case brought forth by the prosecutors in the federal court against Abrego Garcia. That notwithstanding, anything to do with his immigration status does not have any bearing on the criminal matter and can be sorted out through other means.

As yet, neither the Department of Justice nor the lawyers representing Abrego Garcia made a statement concerning the proceedings following the ruling made on Friday. Although there is a possibility that the government might decide to seek an appeal of the decision, nothing has been announced as yet.

Thus ends this particular case that has taken a path from immigration mishap to the topmost court in the land only for the federal judge to pronounce that it should never have found itself there to begin with.

By David Loran Jr

A successful Editor-in-Chief, journalist for over 6 years, writing about important topics that are going on within the U.S. and beyond.

Sources:

FOX 5 News: Judge dismisses indictment against Kilmar Abrego Garcia

FOX Baltimore: Judge dismisses human smuggling charges against Kilmar Abrego Garcia

Featured Image Courtesy of Jason‘s Flickr Page – Creative Commons License

Inset Image #1 Courtesy of Imagens Evangélicas’ Flickr Page – Creative Commons License

Inset Image #2 Courtesy of Maryland GovPics’ Flickr Page – Creative Commons License

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