Twist in the case of Kilmar Abrego Garcia: a judge orders a hearing to determine if the Salvadoran was the object of "vindictive persecution" by the Government

Federal Judge Waverly Crenshaw ordered to open a hearing to determine whether criminal charges against Kilmar Abrego Garcia, a Salvadoran immigrant residing in Maryland, was the result of "vindictive prosecution" by the Trump Administration, after he successfully reversed a deportation deemed illegal by the Supreme Court.

In a 16-page ruling, Crenshaw asserted that "The Government had a significant stake in retaliating against Abrego’s success" in suing the Trump Administration following his improper removal to El Salvador in March.

The judge added, "The Court finds Abrego has sufficiently presented some evidence that the Government had a stake in retaliating against him for exercising his rights in the Maryland suit and deterring him from continuing to exercise those rights."

The magistrate cited as primary evidence the various public statements of senior federal government officials. He pointed, in particular, to Deputy Attorney General Todd Blanche, who on the day of Abrego's arrest in June stated on television that the Justice Department began investigating him after a court questioned the decision to deport him.

To Crenshaw, those statements were "remarkable" and "could be direct evidence of vindictivenes."

The case against Abrego is based on a transit stop that occurred in 2022, filed in March of this year, before he was deported. However, the investigation was reopened just a week after his Supreme Court victory. "This timeline suggests that Abrego’s prosecution may stem from retaliation by the DOJ and DHS due to Abrego’s successful challenge of his unlawful deportation in Maryland," Crenshaw wrote.

Meanwhile, Abrego's immigration status remains an enigma and recently suffered a new setback when on Wednesday, Sept. 1, an immigration judge denied the motion filed by his attorneys to reopen his asylum case, on the grounds that it had been filed out of time.

According to the order, the appeal was filed nearly six years after his immigration proceedings, far beyond the 90-day limit required by law.

Following that ruling, the Department of Homeland Security issued a harsh statement on social media "With today’s ruling, Kilmar Abrego Garcia’s final order of removal stands. This MS-13 gang member, human trafficker, domestic abuser, and child predator will never be loose on American streets."

The DHS message added: "Never forget the Democrats flew to a foreign land on the US taxpayer’s dime to break bread with this terrorist gang member and visit him in prison. While they continue to fight for criminal illegal aliens, we will continue to put the safety of the American people FIRST."