US Judge Dismisses Abrego Indictment, Citing DOJ Abuse of Prosecutorial Power

A US judge has dismissed an indictment against Salvadoran migrant Kilmar Abrego, ruling that the Trump administration abused its prosecutorial powers by pursuing the case in retaliation for his lawsuit challenging his deportation.

In a rare finding, US District Judge Waverly Crenshaw, based in Nashville, Tennessee, said the Justice Department had reopened an investigation linked to a 2022 traffic stop and secured an indictment because it needed “cover” to justify bringing Abrego back to the United States.

“The evidence before this Court sadly reflects an abuse of prosecutorial power,” Judge Crenshaw wrote. “Absent Abrego’s successful lawsuit challenging his removal to El Salvador, the Government would not have brought this prosecution.”

Abrego, who entered the United States illegally, became a symbol of President Donald Trump’s mass deportation drive when he was sent to a maximum-security prison in El Salvador in March, despite a prior court order barring his removal there due to the risk of persecution.

Following a US Supreme Court order requiring the government to facilitate his return, prosecutors obtained a criminal indictment accusing him of human smuggling in connection with the 2022 incident. The Trump administration then brought him back to the US in June 2025.

Abrego pleaded not guilty and claimed he was being prosecuted in retaliation for his legal action to secure his return.

In a statement on Friday, his lawyers said: “As this administration continually chips away at our democracy, we remain grateful for an independent judiciary that will dispassionately apply binding precedent to the facts.”

A Justice Department spokesperson said it would appeal the ruling, calling it “wrong and dangerous” and accusing the judge of putting politics above public safety.

“Another activist judge has placed politics above public safety,” the spokesperson said.

Judge Crenshaw also referred to comments made by Deputy Attorney General Todd Blanche regarding Abrego’s deportation. The judge noted that the government had not rebutted his earlier finding of likely vindictiveness, pointing out that Blanche did not testify at a February 26, 2026 hearing on whether the case should be dismissed.

Blanche now serves as acting attorney general.

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