A federal judge announced this week the cancellation of the trial for Kilmar Abrego Garcia, a Salvadoran national who was wrongly deported and subsequently faced charges in a human smuggling case. Instead of proceeding with the trial, the judge has set a hearing to determine whether the prosecution is pursuing the case in a retaliatory manner.
Abrego Garcia’s situation has become a focal point in the broader immigration discussion following his deportation during the Trump administration in March to a well-known prison in El Salvador. Following public outcry and a court mandate, he was brought back to the United States in June. This return was accompanied by the issuance of an arrest warrant connected to allegations of human smuggling in Tennessee.
Throughout the proceedings, Abrego Garcia has consistently denied the human smuggling accusations and contends that the charges against him represent selective and vindictive prosecution. Judge Waverly D. Crenshaw, Jr. indicated in an order on Tuesday that there is sufficient evidence to justify a hearing addressing these claims, which is scheduled for January 28.
The upcoming hearing will require prosecutors to justify the grounds for charging Abrego Garcia. Should they fail to do so adequately, there is a possibility the charges may be dismissed.
The origins of the case trace back to a 2022 traffic stop where officers encountered a vehicle with nine passengers. Although officers expressed suspicion of smuggling at the time, Abrego Garcia was permitted to leave with only a warning.
Additionally, a Department of Homeland Security agent testified that an investigation into the traffic stop only commenced after the U.S. Supreme Court mandated in April that the Trump administration facilitate Abrego Garcia's return from El Salvador.
Previously, Abrego Garcia had been granted protection from deportation by a judge, who determined he faced threats in his home country from a gang targeting his family. This protection allowed him to reside and work in the United States under Immigration and Customs Enforcement supervision. He is married to an American citizen and has a child.
Members of the Trump administration have accused Abrego Garcia of affiliations with the MS-13 gang; however, he has strongly denied these allegations and does not have a criminal record.
As of now, neither Abrego Garcia’s defense counsel nor the U.S. attorney’s office in Nashville has responded to requests for comment.