A federal judge this week canceled the trial of Kilmar Abrego Garcia, the Salvadoran man who was mistakenly deported, and scheduled a hearing on whether the prosecution is being vindictive in pursuing a human smuggling case against him.
Background
Kilmar Abrego Garcia has become a centerpiece of the debate over immigration after the Trump administration deported him in March to a notorious prison in El Salvador. Facing mounting public pressure and a court order, the Trump administration brought him back to the U.S. in June, but only after issuing an arrest warrant on human smuggling charges in Tennessee.
Court Order
Abrego Garcia has denied the allegations, and argued that prosecutors are vindictively and selectively targeting him. Judge Waverly D. Crenshaw, Jr. wrote in Tuesday’s order that Abrego Garcia had enough evidence to hold a hearing on the topic, which Crenshaw scheduled for Jan. 28.
Hearing
At that hearing, prosecutors will have to explain their reasoning for charging Abrego Garcia, Crenshaw wrote, and if they fail in that, the charges could be dismissed.
Case Details
When Abrego Garcia was pulled over in 2022, there were nine passengers in the car, and the officers discussed among themselves their suspicions of smuggling. However, Abrego Garcia was eventually allowed to continue driving with only a warning.
Deportation and Return
A Department of Homeland Security agent previously testified that he did not begin investigating the traffic stop until after the U.S. Supreme Court said in April that the Trump administration had to work to bring Abrego Garcia from El Salvador, where he was deported.
Supreme Court Decision
Years earlier, Abrego Garcia had been granted protection from deportation to his home country after a judge found he faced danger there from a gang that targeted his family. That order allowed Abrego Garcia, who has an American wife and child, to live and work in the U.S. under Immigration and Customs Enforcement supervision.
Allegations
Members of President Donald Trump’s administration have accused Abrego Garcia of being a member of the MS-13 gang, but he has vehemently denied the accusations and has no criminal record.
Defense
Abrego Garcia’s defense attorney and the U.S. attorney’s office in Nashville did not immediately respond to requests for comment.
Current Status
The federal judge’s order suspends the trial and sets a hearing date, giving prosecutors a chance to justify the human smuggling charges. The outcome of the hearing could lead to dismissal of the charges if the prosecutor’s explanation is deemed insufficient.
Key Takeaways
- Kilmar Abrego Garcia’s trial was canceled and a hearing on vindictive prosecution was scheduled for Jan. 28.
- The case involves human smuggling charges filed after his return to the U.S. in June.
- Abrego Garcia has no criminal record and has been protected from deportation due to gang threats in El Salvador.
Closing
The hearing on Jan. 28 will be a pivotal moment in determining whether the charges against Abrego Garcia are justified or the result of selective enforcement. The decision will have implications for how immigration prosecutions are conducted and whether individuals who have been previously protected from deportation can face new criminal allegations.
