A Trump DOJ prosecution against a Salvadoran immigrant has encountered a significant obstacle in federal court. A judge in Tennessee has removed the trial date from the calendar and is now focusing on the government. He has ordered a one-day evidentiary hearing to investigate whether the Justice Department is pursuing the case for improper reasons.
U.S. District Judge Waverly D. Crenshaw Jr. canceled Kilmar Abrego Garcia’s January trial on human smuggling charges and scheduled a Jan. 28 hearing. This hearing will address claims that Abrego is being prosecuted selectively and vindictively.
This development is important because it alters what happens next. Instead of a jury trial followed by legal arguments, the court now requires prosecutors to present their case, under oath, with evidence allowed.
In his order, Crenshaw indicated that Abrego’s lawyers have already met a key requirement.
“Once a defendant establishes a prima facie showing of vindictiveness, ‘a presumption arises in defendant’s favor,’” Crenshaw wrote. He added that the court had “already found” Abrego made that showing, granting him discovery and a hearing on the government’s reasons for prosecuting him. The burden shifts to the government from that point forward.
New-Federal judge in Tennessee has canceled Kilmar Abrego Garcia’s January trial on human smuggling charges and will instead hold a one day hearing on whether Abrego has been vindictively and selectively prosecuted by the government. Judge says evidence is in Abrego’s favor. pic.twitter.com/c5hMTDhvFt
— Paul Wagner (@paulcwagner) December 26, 2025
The implications for the DOJ are serious. Crenshaw pointed out that if the hearing does not favor the government, the charges could be dismissed outright.
The ruling adds another twist to a case that has turned into a political and legal issue well beyond Tennessee. Abrego, a Salvadoran man who had been living in Maryland with his family, was wrongly deported to El Salvador earlier this year despite a court order that protected him from removal to that country.
He ended up in El Salvador’s CECOT megaprison, a situation his attorneys say should never have happened.
The Trump administration has claimed that Abrego has ties to MS-13, a claim he denies. Reports indicate that this allegation is based on hearsay connected to a police detective who was later suspended.
After months of the government claiming it could not bring Abrego back, he was returned to the United States and then immediately charged with federal crimes in Tennessee. This sequence, not being returned despite a court order, followed by prosecution, supports Abrego’s argument that the case is retaliation masquerading as law enforcement.
There is also a separate immigration issue happening alongside the criminal case. A federal judge in Maryland has kept Abrego out of ICE custody while reviewing immigration matters and has criticized how the government has handled his status and deportation plans.
The administration has attempted to deport Abrego to countries he has no connection to, including some in Africa. Meanwhile, Costa Rica has been mentioned as an alternative that Abrego would accept.
The DOJ argues that political appointees were not part of the charging decision. Abrego’s legal team disputes that view. Some reports suggest the situation is more complicated than the clear division the government has tried to show.
Now, Crenshaw’s Jan. 28 hearing becomes a critical moment as it forces the government to explain why Abrego is being prosecuted and why this is happening now. If prosecutors satisfy the judge, the case will proceed. If they cannot, the entire indictment could collapse.
The hearing is a big opportunity for Abrego, who seemingly has the evidence on his side. If he ends up going to trial, his lawyers will be confident in getting the result they want.
