A federal judge this week canceled the trial of Kilmer Abrego Garcia, a Salvadoran man wrongly deported by the Trump administration, and scheduled a hearing to question whether prosecutors had a vendetta in pursuing the human smuggling case against him.
Abrego Garcia has been a central figure in the immigration debate since the Trump administration deported him to El Salvador’s notorious prison in March. Faced with mounting public pressure and a court order, the Trump administration returned him to the United States in June, but only after issuing a warrant for his arrest on human smuggling charges in Tennessee.
Mr. Abrego-Garcia denies the charges, insisting that prosecutors were persistently and selectively targeting him. Judge Waverly D. Crenshaw Jr. wrote in Tuesday’s order that Abrego-Garcia had provided enough evidence to hold a hearing on the matter, which Judge Crenshaw scheduled for Jan. 28.
At that hearing, Crenshaw wrote, prosecutors will have to explain why they are charging Abrego-Garcia, or the charges could be dropped.
There were nine passengers in the car when Abrego-Garcia was stopped in 2022, and officers discussed possible smuggling. However, Abrego-Garcia was eventually allowed to continue driving with only a warning.
Homeland Security officials previously testified that they did not begin investigating the traffic stop until the U.S. Supreme Court ruled in April that the Trump administration must make efforts to remove Abrego-Garcia from El Salvador, where he was deported.
Several years ago, Abrego-Garcia was granted protection from deportation to his home country after a judge determined he was at risk from gangs targeting his family. The order allows Abrego Garcia, who has an American wife and children, to live and work in the United States under the supervision of Immigration and Customs Enforcement.
The Trump administration has accused Abrego-Garcia of being a member of the MS-13 gang. He denies the charges and has no criminal record.
Abrego-Garcia’s attorney and the U.S. Attorney’s Office in Nashville did not respond to requests for comment.
Bedain writes for The Associated Press.
