The Department of Justice decided to take the criminal case for alleged human trafficking against Kilmar Abrego García to an appeals court, after a federal judge in Tennessee dismissed the charges, considering that they were not properly supported. The appeal was presented by federal prosecutor Robert McGuire before District Judge Waverly Crenshaw, who was informed that the government will seek to have the Sixth Circuit review the decision that annulled the criminal process.

The origin of the case and the reactivated investigation

The file is related to a traffic stop that occurred in 2022 in Tennessee, where Abrego García was not arrested or charged at that time, despite a search that lasted more than an hour. During that stop, state agents questioned the driver and discussed suspicions of human trafficking among themselves, since nine people were traveling in the vehicle without luggage. Years later, the Department of Homeland Security (DHS) returned to the incident and linked it to a formal investigation, which led to the charges. presented later.

The court ruling that dismissed the process

Federal Judge Waverly Crenshaw ruled last month that the case should be dismissed, finding that the government failed to rebut the presumption that the reopening of the file could have been motivated by retaliation. In his resolution, the magistrate pointed out that the moment in which the investigation was reactivated and certain public statements did not convincingly explain the change in position of the federal government, which went from not prosecuting the case to taking it to trial.

Abrego García was living in Maryland with his family when he was deported in March of last year to the CECOT megaprison in El Salvador, despite there being a court order from 2019 that prohibited his expulsion to that country due to risk of persecution. He was subsequently transferred back to the United States in June to face the judicial process in Tennessee. During the process, federal judge Paula Xinis ordered his release under supervision while the litigation continued.

The defendant has denied belonging to the MS-13 gang and has pleaded not guilty to human trafficking charges.