A federal judge this week canceled the trial of Kilmar Abrego Garcia, a Salvadoran man who was mistakenly deported, prompting a hearing to assess whether the prosecution is unfairly targeting him in a human smuggling case.
Following his deportation to a notorious prison in El Salvador in March under the Trump administration, Garcia was returned to the U.S. amid public outcry and a court order. However, upon his return, an arrest warrant for human smuggling charges in Tennessee was issued against him.
Denouncing the allegations, Garcia contends that he is being vindictively pursued. Judge Waverly D. Crenshaw, Jr. recognized sufficient evidence for a hearing on the alleged motives behind the charges, which is scheduled for January 28.
During the upcoming hearing, prosecutors will need to justify their charges against Garcia; failure to do so could result in case dismissal. Previously, Garcia had been pulled over by police with nine passengers in his vehicle, yet he was permitted to continue driving after receiving merely a warning.
Adding complexity to this case is a statement from a Department of Homeland Security agent, who indicated that his investigation into Garcia only commenced following a Supreme Court ruling mandating the Trump administration to facilitate Garcia's return from El Salvador.
Years prior, Garcia had been granted deportation protection after a judge acknowledged the risks he faced from gangs that threatened his family in El Salvador. This order allowed him to reside in the U.S. with his American wife and child under Immigration and Customs Enforcement watch.
Members of the Trump administration have accused Garcia of being linked to the MS-13 gang, a claim he firmly denies, asserting he has no prior criminal record.
Inquiries to Garcia's defense attorney and the U.S. attorney’s office in Nashville regarding the ongoing legal situation have gone unanswered.
