Judge Torches US Case Against Kilmar Abrego, Says Prosecution Was Built as Political “Cover”

A federal judge has thrown out the criminal case against Salvadoran migrant Kilmar Abrego Garcia, delivering a stinging rebuke to the Trump administration and accusing federal prosecutors of weaponizing the justice system after Abrego challenged his deportation in court.

In a sharply worded ruling issued Friday, U.S. District Judge Waverly Crenshaw said the government revived an old investigation against Abrego not because of public safety concerns, but because officials needed legal justification to bring him back to the United States after his controversial removal to El Salvador.

“The evidence before this Court sadly reflects an abuse of prosecuting power,” Crenshaw wrote, concluding that the case would likely never have existed had Abrego not successfully fought his deportation through the courts.

The ruling marks a dramatic turn in one of the most politically charged immigration battles tied to President Donald Trump’s aggressive deportation agenda.

Abrego had become a lightning rod in the national immigration debate after being deported to a high-security prison in El Salvador in March despite a prior judicial order barring his transfer there over fears of persecution. His removal triggered legal outrage and eventually reached the U.S. Supreme Court, which ordered the government to facilitate his return.

Soon after that intervention, federal prosecutors unveiled human smuggling charges tied to a 2022 traffic stop investigation that had previously gone nowhere. The administration then returned Abrego to the U.S. in June 2025 to face the indictment.

Abrego denied the allegations and pleaded not guilty, arguing the charges were retaliatory — a claim Crenshaw ultimately accepted.

The judge pointed specifically to comments made by former Deputy Attorney General Todd Blanche, who publicly stated in a television interview that authorities only intensified scrutiny of Abrego after questions arose over the legality of his deportation.

Crenshaw noted that Blanche did not testify during a February hearing examining whether the prosecution should be dismissed, and wrote that the government failed to overcome the appearance of vindictive prosecution.

Abrego’s legal team praised the decision as a rare example of the judiciary pushing back against executive overreach.

Meanwhile, the Justice Department signaled it would challenge the ruling, condemning the judge’s decision as politically motivated and claiming it endangered public safety.

Even after Abrego’s return to the United States, the administration reportedly continued efforts to deport him to another country outside El Salvador. Separately, Maryland-based U.S. District Judge Paula Xinis had previously ordered his release from immigration detention while his broader deportation challenge moved through the courts.

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