# DOJ Seeks to Reinstate Charges Against Mistakenly Deported Kilmar Abrego Garcia The case of the wrongly deported man is back in the spotlight. - **Source:** [Forbes - Business](https://brifing.si/source/e0310925-a7af-4d4b-80a7-c80d400e49fa) - **Published:** 2026-08-18 - **Original article:** - **On Brifing:** https://brifing.si/s/6b5b9af1-f6a4-4def-b990-7b2624fde19c ## Wrongfully Deported Individual Kilmar Abrego Garcia was mistakenly deported to El Salvador last year by the Trump administration. This incident highlighted errors in immigration policies and human rights violations. After returning to the U.S., Garcia faced human smuggling charges. However, a federal judge dismissed these charges, calling them an 'abuse of prosecutorial power.' ## DOJ's Appeal The Department of Justice (DOJ) has urged the Sixth Circuit Court of Appeals to reinstate charges against Garcia. The DOJ argued that the judge's decision was based on 'dubious assumptions' and that there were legitimate concerns about Garcia's return to the country. This appeal has reignited debates about how the justice system operates in immigration cases. ## Judge's Ruling Tennessee federal judge Waverly Crenshaw dismissed the charges against Garcia in May. The judge noted that the case reflected an 'abuse of prosecuting power' and a 'vindictive motive.' Garcia's lawsuit challenging his deportation was central to this decision. The judge emphasized that the investigation was reopened after Garcia's lawsuit. ## Traffic Stop and Investigation The DOJ claimed that the human smuggling charges against Garcia were based on an investigation initiated during a 2022 traffic stop. Prosecutor Robert McGuire stated that he pursued the investigation independently of Garcia's deportation lawsuit. However, the judge noted that the investigation was reopened after Garcia's lawsuit. ## Trump Administration's Stance Garcia became one of the high-profile cases targeted by the Trump administration's mass deportation efforts. He was detained in March last year and deported to El Salvador. However, White House Press Secretary Karoline Leavitt and other officials admitted that the deportation was due to a clerical error. Claims that Garcia was a member of the MS-13 gang remained unproven. ## Court's Return Order A judge ruled that Garcia was deported without proper legal justification and ordered the Trump administration to facilitate his return. This decision was seen as a significant step toward ensuring justice in immigration policies. However, Garcia's case once again highlighted the challenges faced by immigrants. ## Criticism and Reactions Garcia's deportation drew strong criticism of Trump's immigration policies. Human rights advocates emphasized that such practices violate human rights and are unjust. Garcia's case served as a reminder of the need to protect immigrants' rights and ensure a fair judicial process. ## Quest for Justice Kilmar Abrego Garcia's case underscores the complex relationship between immigration policies and the justice system. The DOJ's effort to reinstate charges shows that Garcia's quest for justice continues. This case serves as an important example of the challenges immigrants face and the need for justice to be served. ## Sources covering this story - https://www.forbes.com/sites/siladityaray/2026/08/18/doj-asks-court-to-reinstate-charges-against-mistakenly-deported-man-kilmar-abrego-garcia/ — --- _Summary written by Brifing from the original reporting. Copyright in the original article belongs to its publisher; read the full piece at the link above._