NASHVILLE, Tenn. (WTVF) — A Tennessee federal judge has postponed the trial of Kilmar Abrego Garcia, replacing it with an evidentiary hearing that could determine whether human smuggling charges against him are dropped entirely.
U.S. District Judge Waverly Crenshaw filed an order Tuesday canceling the January 27 trial date and scheduling an evidentiary hearing for January 28. The hearing will address Abrego Garcia's motion to dismiss the charges based on claims of vindictive and selective prosecution.
"The Court has already found that Abrego Garcia has made such a showing, entitling him to discovery and an evidentiary hearing on why the government is prosecuting him," Crenshaw wrote. "Given this, the burden has shifted to the government to 'rebut the presumption with objective, on the record explanations' for charging Abrego Garcia."
The judge emphasized that whether the government can produce sufficient evidence is critical to the case's outcome.
If prosecutors fail to present adequate evidence, Crenshaw said he must find that they acted vindictively and dismiss the charges "or other appropriate remedies."
Abrego Garcia pleaded not guilty to human smuggling charges stemming from a 2022 Tennessee traffic stop. Tennessee Highway Patrol troopers suspected he was transporting undocumented people between state lines, but let him go after discovering he had a deportation hold and was allegedly told that detaining him wasn't necessary.
A judge had previously determined that while Abrego Garcia entered the U.S. unlawfully in 2011, he couldn't be deported back to El Salvador, where he feared for his life.
Despite this ruling, Abrego Garcia was deported to an El Salvador prison in what the Trump administration described as an "administrative error." The U.S. Supreme Court later ruled that the Trump administration had to facilitate his return.
In a 16-page ruling, Crenshaw wrote there was a "realistic likelihood" that the government may have acted vindictively with these charges. The ruling allowed attorneys to seek discovery and testimony from Trump officials about their decision to bring charges.
Abrego Garcia's attorneys have requested subpoenas for Deputy Attorney General Todd Blanche, acting Principal Associate Deputy Attorney General James McHenry and Associate Deputy Attorney General Aakash Singh.
While questioning whether testimony from all three officials is necessary, Crenshaw wrote that "for the sake of thoroughness and to make sure that all parties are fully heard, the Court finds it prudent to proceed with an evidentiary hearing."
Prosecutors have filed a motion to quash the subpoena request and say they plan to rely on testimony from Department of Homeland Security officials instead.
Abrego Garcia remains out on bond after being released from ICE custody in Pennsylvania.
Maryland Federal Judge Paula Xinis has extended a temporary restraining order that prevents the Trump administration from taking him into custody while she considers the case.
The Department of Justice must notify Xinis by December 26 about plans for deporting Abrego Garcia. His attorneys will have until December 30 to respond. Meaning he will remain in Maryland with his family at least until then.
Xinis has expressed concern about the Trump administration deporting Abrego Garcia to a country that could eventually send him back to El Salvador.
The DOJ has provided names of several African countries they've said they're willing to send Abrego Garcia, but many of these countries have denied ever agreeing to accept a man that the Trump administration has called a dangerous gang member.
Abrego Garcia has agreed to be deported to Costa Rica, but later learned that Costa Rica hasn't heard from the Trump administration about the arrangement.
"If the government were to say today, we're going to remove Mr. Abrego Garcia to Costa Rica," attorney Jonathan Cooper said, his client is prepared to go "as soon as this afternoon."
