Federal judge to hold hearing on whether Kilmar Abrego Garcia is being vindictively prosecuted
A federal judge has thrown out the trial of Kilmar Abrego Garcia, a Salvadoran mistakenly deported, and scheduled a hearing to determine whether the prosecution is being vindictive in the human trafficking case against him.
A federal judge this week canceled the trial of Kilmar Abrego Garcia, the Salvadoran wrongfully deported, and scheduled a hearing to determine whether the prosecution is being vindictive in pursuing a human trafficking case against him.
Abrego Garcia became a centerpiece of the immigration debate after the Trump administration deported him in March to a notorious prison in El Salvador. Facing growing public pressure and a court ruling, the Trump administration brought him back to the United States in June, but only after issuing a warrant for his arrest on human trafficking charges in Tennessee.
Abrego Garcia has denied the allegations and argued that prosecutors were targeting him vindictively and selectively. Judge Waverly D. Crenshaw, Jr. wrote in Tuesday’s order that Abrego Garcia had sufficient evidence to hold a hearing on the matter, scheduled by Crenshaw for January 28.
At that hearing, prosecutors will have to explain why they charged Abrego Garcia, Crenshaw wrote, and if they fail, the charges could be dropped.
When Abrego Garcia was arrested in 2022, there were nine passengers in the car and the officers discussed their suspicions of smuggling among themselves. However, Abrego Garcia was ultimately allowed to continue driving with only a warning.
A Department of Homeland Security official previously said he only began investigating the traffic stop after the U.S. Supreme Court ruled in April that the Trump administration should work to get Abrego Garcia out of El Salvador, where he was deported.
Years earlier, Abrego Garcia was protected from deportation to his home country after a judge found he was threatened there by a gang that targeted his family. The order allowed Abrego Garcia, who has an American wife and child, to live and work in the United States under the supervision of Immigration and Customs Enforcement.
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.
Abrego Garcia’s defense attorney and the U.S. Attorney’s Office in Nashville did not immediately respond to requests for comment.
