Kilmar Abrego Garcia will receive another hearing following a federal judge’s decision that the DOJ’s human trafficking prosecution may be ‘vindictive.’

MS-13 Member Challenges U.S. Deportation Ruling

In a recent legal battle, Kilmer Abrego Garcia, an MS-13 gang member, has argued that the U.S. Department of Justice should face another court ruling. This comes after claims that the DOJ may have pursued a “vindictive” trafficking prosecution aimed at deporting Salvadoran nationals.

U.S. District Judge Waverly Crenshaw in Nashville has ordered a new hearing following a motion filed by Abrego Garcia’s attorney.

A federal judge in Maryland previously ordered his return to the U.S. after Abrego was illegally deported to El Salvador on April 4. However, subsequent court filings suggest that some decisions may have aligned with the Supreme Court’s rulings.

According to prosecutors, it appears that the DOJ and the Department of Homeland Security’s actions against Abrego could be seen as a response to his successful legal challenge regarding his deportation. In a 16-page order, Judge Crenshaw noted that there is a potential for retaliation that warrants further examination.

Associate Attorney General Todd Blanche linked Abrego’s criminal charges to a civil suit in Maryland and alluded to a June 2025 interview where he discussed the government’s investigation into Abrego’s circumstances.

In a surprising turn, during that television interview, Deputy Attorney General Blanche mentioned that the government began to “investigate” Abrego following the Maryland court’s ruling, implying that something might have been amiss.

Judge Crenshaw indicated that the situation could provide enough grounds for a potential “vindictive” prosecution, necessitating an evidence hearing.

On May 21, Abrego was indicted on federal charges for allegedly participating in a conspiracy intended to smuggle illegal immigrants from El Salvador, Guatemala, Honduras, and Ecuador into Texas via Mexico.

His wife, Jennifer Sula, a U.S. citizen, had previously sought judicial protection for him amid allegations of domestic abuse. Together, they have denied that he is affiliated with MS-13.

The case has drawn considerable scrutiny, highlighting criticisms of the Trump administration’s immigration policies across various jurisdictions. Nevertheless, a federal immigration judge ruled on Thursday that Abrego’s final removal order would remain, dismissing his latest attempt to reopen the case.

This was the second rejection of his efforts to stay in the U.S. after a ruling in late 2019 also denied him legal status but granted a “withholding of removal” order that barred his return to El Salvador.

As concerns over federal trafficking cases increased, body camera footage revealed Abrego being stopped while driving with seven others—without luggage—from Texas to Maryland. In the video, state troopers noted that they were being transported for money, and Abrego had $1,400 in cash on him at the time.

Initially, he was released with an expired license and without facing charges. It was only after more than 900 days that he was arrested in Baltimore in March 2025, subsequently being charged with human trafficking and sent to two detention facilities in El Salvador before returning to the U.S.