A federal judge this week canceled the trial of Kilmar Abrego Garcia, a Salvadoran man who was mistakenly deported. A hearing will be held to explore whether the prosecution is acting vindictively in pursuing a human smuggling case against him.
Abrego Garcia became a focal point in the immigration debate when the Trump administration deported him to a notorious prison in El Salvador in March. Following public backlash and a court order, he was returned to the U.S. in June, only to be hit with arrest warrants for human smuggling charges in Tennessee.
Denying the allegations, Abrego Garcia claims that he is a victim of targeted prosecution. Judge Waverly D. Crenshaw, Jr. determined there was enough evidence to hold a hearing on January 28 regarding the vindictiveness claim. At this hearing, prosecutors will be required to justify their charges against him, with the potential for dismissal if they fail to provide adequate reasoning.
Abrego Garcia was initially stopped in 2022 while driving with nine passengers in his vehicle; officers noted suspicions of smuggling but ultimately let him go with a warning.
A Department of Homeland Security agent testified that the investigation into the traffic stop only began after the U.S. Supreme Court ruling in April.
Several years prior, Abrego Garcia had protection against deportation due to threats from gangs targeting his family, allowing him to live and work in the U.S. under ICE surveillance. While the Trump administration accused him of being an MS-13 gang member, Abrego Garcia denies these allegations and has no criminal history.
Neither Abrego Garcia's defense attorney nor the U.S. attorney’s office in Nashville responded to requests for comment immediately.
