Judge says the human smuggling probe was reopened after the Salvadoran national filed his lawsuit against his deportation.

A United States judge has dismissed an indictment against Kilmar Abrego Garcia after finding that he would not have been prosecuted if he had not challenged his deportation.

On Friday, US District Judge Waverly Crenshaw said the Department of Justice only reopened its human smuggling probe stemming from a 2022 traffic stop after Salvadoran national Abrego Garcia filed his lawsuit.

“The court does not reach its conclusion lightly,” Crenshaw wrote.

“The objective evidence here shows that, absent Abrego’s successful lawsuit challenging his removal to El Salvador, the Government would not have brought this prosecution.”

Last year, Abrego Garcia became a symbol for President Donald Trump’s drive to clamp down on illegal migration and was sent to a mega prison in El Salvador despite a prior court banning him from being returned there due to a risk of persecution.

While the Trump administration brought Abrego Garcia back to the US in June of the same year, his return came only after prosecutors had secured a criminal indictment charging him with human smuggling and conspiracy to commit human smuggling.

Abrego Garcia pleaded not guilty to the claim and argued that he was being prosecuted in retaliation for suing the government to be returned to the US from El Salvador.

In the ruling to dismiss the indictment, Crenshaw wrote that the timing of the charges was central to the “presumption of vindictiveness”.

With Homeland Security already aware of the traffic stop two years ago and having closed the case against Abrego Garcia when it deported him, the case was only reopened once the US Supreme Court had ruled that he be returned from El Salvador.

Abrego Garcia’s deportation had violated a 2019 immigration court order that granted him protection against being returned to his home country after a judge found that he faced danger from a gang that targeted his family.

Despite his return to the US and his family, Trump officials have said that Abrego Garcia cannot remain in the country and have pledged to deport him again to a third country, a country where the person does not have any ties.