Judge Schedules Hearing on Alleged Vindictive Prosecution of Kilmar Abrego Garcia

A federal judge has canceled the upcoming trial of Kilmar Abrego Garcia, a Salvadoran national, and scheduled a hearing to assess allegations that the prosecution is acting vindictively in pursuing human smuggling charges against him.

Abrego Garcia, who had been living in Maryland with his American wife and child, was deported to El Salvador in March, despite a 2019 immigration judge's ruling that barred his deportation due to credible threats from local gangs. Following public pressure and a Supreme Court order, he was returned to the United States in June, only to face human smuggling charges in Tennessee.

He has pleaded not guilty to these charges and contends that the prosecution is retaliatory. U.S. District Judge Waverly D. Crenshaw Jr. noted that there is sufficient evidence to warrant a hearing on this matter, which is scheduled for January 28.

During the hearing, prosecutors will be required to justify their decision to charge Abrego Garcia. If they fail to do so, the charges may be dismissed.

The human smuggling charges stem from a 2022 traffic stop in Tennessee, where Abrego Garcia was pulled over with nine passengers in his vehicle. Although officers suspected smuggling at the time, he was allowed to continue driving with only a warning.

Abrego Garcia has consistently denied allegations of affiliation with the MS-13 gang, a claim made by the Trump administration without any supporting criminal record.

His defense attorney and the U.S. Attorney's Office in Nashville have not immediately responded to requests for comment.