The Department of Justice is asking a federal appeals court to reinstate criminal charges against Kilmar Abrego Garcia. 

A lower court in May dismissed two human smuggling charges against Abrego Garcia, ruling that he was likely the subject of a vindictive prosecution, The Hill reported. Abrego Garcia challenged the Trump administration's decision to deport him to a prison in El Salvador, and the Supreme Court ruled that the White House must "facilitate" his return. 

The smuggling charges stemmed from a 2022 traffic stop in Tennessee. Police say Abrego Garcia was transporting multiple men without luggage. He pleaded not guilty. 

Federal prosecutors wrote in a filing on Monday that the "government had an obvious interest in protecting the public by prosecuting Abrego after the courts ordered his return. There is nothing suspect about electing not to prosecute a criminal alien and instead remove them, but upon their court-ordered return to prosecute them for criminal conduct that poses a risk to public safety." 

The DOJ also denied the accusations made in the May ruling that Abrego Garcia's prosecution was vindictive. 

“The United States provided objective evidence that the charges were brought for legitimate reasons by a decision maker who incontestably harbored no animus. The district court relied on speculation rather than objective proof, second guessing a prosecutor’s actions based on its own subjective reasoning," the DOJ wrote.