The Justice Department is pushing to revive criminal charges against Kilmar Abrego Garcia. In a filing with the 6th U.S. Circuit Court of Appeals on late Monday, prosecutors say U.S. District Judge Waverly Crenshaw erred when he found the human smuggling charges were an “abuse of prosecuting power.” Abrego Garcia’s successful challenge of his 2025 deportation to El Salvador was an embarrassment for the Trump administration. The government only returned him to the U.S. after they had secured a criminal indictment. Crenshaw found that both the timing of the charges and statements by top Justice Department officials suggested a prosecution tainted by animus toward the defendant.