NASHVILLE, Tenn. (AP) — Kilmer Abrego Garcia’s mistaken deportation helped galvanize opposition to President Donald Trump. immigration policyhearings in the human body smuggling case against him will be held on December 8th and 9th in Tennessee.
U.S. District Judge Waverly Crenshaw will hear evidence on the defense’s motion to dismiss the charges and throw out some of the evidence. Hearings were originally scheduled for Tuesday and Wednesday. The order filed Monday said the government “needs additional time to complete the collection and production of documents.” The two countries are fighting over what documents and testimony the government will be required to provide as they seek to prove that the charges against Mr. Abrego-Garcia were motivated by a desire to punish him for wrongly deporting him.
Here’s what you need to know about the latest developments in this case.
Who is Kilmer Abrego Garcia?
Abrego Garcia is a Salvadoran national with an American wife and children. lived in maryland For years. He entered the United States illegally as a teenager to join his older brother, who had become a U.S. citizen. In 2019, an immigration judge granted protection from deportation to his home country, where his family would be at risk from gangs targeting them.
He was allowed to live and work in the United States under the supervision of Immigration and Customs Enforcement, but was not granted residency status. Earlier this year, he mistakenly deported and was held El Salvador’s notoriously brutal prisons Despite having no criminal record.
Trump Republican administration faces mounting public pressure and court order brought him back to America This comes after a Tennessee warrant was issued for his arrest on human smuggling charges in June. he has pleaded not guilty He asked Crenshaw to dismiss these charges.
What are the charges?
Abrego-Garcia is charged with human smuggling and human smuggling conspiracy, with prosecutors alleging that he accepted money to transport illegal immigrants into the United States.
The charges stem from a 2022 speeding traffic stop in Tennessee. body camera footage Comments from Tennessee Highway Patrol troopers indicate a calm exchange with Abrego-Garcia. There were nine passengers in the car, and officers discussed possible smuggling. However, Abrego-Garcia was ultimately allowed to continue driving with only a warning.
Homeland Security officials testified at an earlier hearing that they only began investigating the traffic stop afterward. The U.S. Supreme Court said: In April, the Trump administration argued that efforts must be made to bring Abrego-Garcia back.
What is a motion to dismiss?
Coach Abrego Garcia asked Crenshaw: dismiss smuggling charges for “selective or retaliatory prosecution.”
In his recent ruling, Crenshaw found “some evidence that the charges against him may be retaliatory” and said a number of statements by Trump administration officials “raise cause for concern.” Crenshaw specifically cited Deputy Attorney General Todd Blanche’s remarks on a Fox News Channel show that seemed to suggest the Justice Department was indicting Abrego-Garcia because she won. His illegal deportation case.
The two sides are fighting over whether senior Justice Department officials, including Blanche, can be called to testify in the case.
Rob McGuire, acting U.S. attorney for the Middle District of Tennessee, argued in a court filing that it doesn’t matter what members of the Trump administration said about Abrego-Garcia.
“The relevant prosecutorial decision-maker, the Deputy United States Attorney, has stated on the record that this prosecution was not brought for vengeful or discriminatory reasons,” McGuire wrote in a court filing. He added that any public statements made by Trump administration officials about Abrego-Garcia reflect public safety concerns that are “clearly consistent with a legitimate motive for prosecuting him.”
What is the main motion to suppress evidence?
Another motion by Abrego-Garcia asks the judge to suppress evidence in the case. They argue that because the 2022 traffic stop that ultimately led to the smuggling charges was illegal, evidence from that stop should not be used at trial.
In support of this, court filings say the state trooper who pulled him over said the speed limit was 65 mph (105 km/h) when it was actually 70 mph (113 km/h). Officers accused him of driving 120 km/h, but there is no record of officers using radar guns to measure speed or pacing. Abrego-Garcia said she was driving exactly 110 mph, following the speed limit.
Government lawyers argue that the officers made an honest mistake. About 2 miles down the interstate, the speed limit drops to 100 mph. The attorneys also noted that Abrego-Garcia was driving in the left lane “consistent with an individual traveling above the legal speed limit.” And the officers “had no reason or motive to fabricate a traffic violation,” they said.
Is he being deported?
Mr. Abrego-Garcia cannot now be deported to El Salvador, thanks to a 2019 settlement that found he had a “well-founded fear” of danger there. But the Trump administration has said he cannot remain in the United States, and over the past few months, government officials have announced he would be deported. Uganda, Eswatini, Ghana And just recently, Liberia.
So-called deportation agreements with governments third country Rights groups are fighting the case in court, saying some migrants are being sent to countries with a long history of human rights abuses. However, in June, opinions were divided. supreme court It allowed for the rapid removal of immigrants to countries other than their homeland with minimal notice.
Abrego-Garcia sued the Trump administration in Maryland court over a previous deportation, but the judge in that case temporarily blocked his removal. Government lawyers said they were prepared to immediately deport him if the judge decided to lift the order.
On the other hand, Abrego Garcia applied for asylum In the United States, in immigration court.
