A federal judge this week canceled the trial ofKilmar Abrego Garcia, the Salvadoran man who wasmistakenly deported, and scheduled a hearing on whether the prosecution is being vindictive in pursuing a human smuggling case against him.
Abrego Garcia has becomea centerpiece of the debate over immigrationafter the Trump administration deported him in March to anotorious prison in El Salvador. Facing mounting public pressure and a court order, the Trump administration brought him back to the U.S. in June, but only after issuing an arrest warrant on human smuggling charges inTennessee.
Abrego Garcia has denied the allegations, and argued that prosecutors are vindictively and selectively targeting him. Judge Waverly D. Crenshaw, Jr. wrote in Tuesday's order thatAbrego Garciahad enough evidence to hold a hearing on the topic, which Crenshaw scheduled for Jan. 28.
At that hearing, prosecutors will have to explain their reasoning for charging Abrego Garcia, Crenshaw wrote, and if they fail in that, the charges could be dismissed.
When Abrego Garcia waspulled over in 2022, there were nine passengers in the car, and the officers discussed among themselves their suspicions of smuggling. However, Abrego Garcia was eventually allowed to continue driving with only a warning.
A Department of Homeland Security agent previously testified that he did not begin investigating the traffic stop until after theU.S. Supreme Court saidin April that the Trump administration had to work to bring Abrego Garcia from El Salvador, where he was deported.
Years earlier, Abrego Garcia had been granted protection from deportation to his home country after a judge found he faced danger there from a gang that targeted his family. That order allowed Abrego Garcia, who has an American wife and child, to live and work in the U.S. under Immigration and Customs Enforcement supervision.
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.