Summary: A federal judge canceled the trial of Kilmar Abrego Garcia and set a Jan. 28 hearing to determine whether prosecutors vindictively brought human-smuggling charges after his mistaken deportation to El Salvador. Abrego Garcia was returned to the U.S. in June following public pressure and a court order and denies the allegations. Judge Waverly D. Crenshaw Jr. said prosecutors must justify the charges or risk having them dismissed.
Federal Judge Pauses Trial, Schedules Jan. 28 Hearing On Whether Kilmar Abrego Garcia Was Vindictively Prosecuted
Kilmar Abrego Garcia arrives at the United States District Court District of Maryland, Monday, Dec. 22, 2025, in Greenbelt, Md. (AP Photo/Stephanie Scarbrough)
A federal judge this week canceled the trial of Kilmar Abrego Garcia, the Salvadoran man who was mistakenly deported, and scheduled a Jan. 28 hearing to determine whether prosecutors acted vindictively in bringing human-smuggling charges against him.
Background: Abrego Garcia became a flashpoint in the national immigration debate after the Trump administration deported him in March to a notorious prison in El Salvador. Facing mounting public pressure and a court order, the administration returned him to the United States in June — but only after an arrest warrant was issued in Tennessee charging him with human smuggling.
In an order issued Tuesday, U.S. District Judge Waverly D. Crenshaw Jr. wrote that there is sufficient evidence to hold a hearing on whether the prosecution was motivated by retaliatory or selective reasons. At the hearing, prosecutors must explain the basis for the charges; if they cannot adequately justify their decision, Crenshaw wrote, the charges could be dismissed.
The underlying incident dates to a 2022 traffic stop in which nine passengers were in the vehicle and officers discussed suspicions of smuggling. Despite those discussions, Abrego Garcia was allowed to continue driving after receiving a warning. A Department of Homeland Security agent previously testified that the investigation into that stop did not begin until after the U.S. Supreme Court in April ordered the administration to take steps to return Abrego Garcia following his deportation.
Years earlier, an immigration judge had granted Abrego Garcia protection from deportation after finding he faced threats from a gang that targeted his family. That relief enabled him — who has an American wife and child — to live and work in the U.S. under Immigration and Customs Enforcement supervision.
Members of the Trump administration have alleged Abrego Garcia has ties to the MS-13 gang; he has strongly denied those claims and has no criminal record. His defense attorney and the U.S. Attorney's Office in Nashville did not immediately respond to requests for comment.
What to watch: The Jan. 28 hearing will focus on the prosecutors' reasoning. The judge may dismiss the human-smuggling charges if the government cannot show a legitimate, non-retaliatory basis for pursuing the case.
