Judges Order Release of Kilmar Abrego Garcia, Prohibit Immediate Deportation - PRESS AI WORLD
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Judges Order Release of Kilmar Abrego Garcia, Prohibit Immediate Deportation

Credited from: LATIMES

  • Two federal judges issued rulings facilitating the release of Kilmar Abrego Garcia.
  • ICE is barred from immediately detaining Abrego Garcia upon his release.
  • Abrego Garcia was wrongfully deported to El Salvador earlier this year.
  • The government failed to substantiate claims linking him to the MS-13 gang.
  • Court decisions require advance notice for any deportation proceedings.

A federal judge has ordered the release of Kilmar Abrego Garcia from criminal custody in Tennessee and prohibited U.S. Immigration and Customs Enforcement (ICE) from immediately detaining him upon his release. U.S. District Judge Waverly Crenshaw and Judge Paula Xinis in Maryland both weighed in on the case, providing legal protections to Abrego Garcia after he was wrongfully deported to El Salvador earlier this year, during a period in which he was involved in active legal proceedings, according to CBS News and ABC News.

Judge Crenshaw emphasized the need for due process, stating that Abrego Garcia must be given three business days' notice if the government intends to initiate deportation proceedings, reinforcing safeguards for his legal rights. This ruling came after the government failed to prove claims that Abrego Garcia was affiliated with the gang MS-13, effectively undermining their justification for his potential deportation, according to HuffPost and Los Angeles Times.

In March, Abrego Garcia was deported despite a 2019 court order barring his removal to El Salvador, citing credible threats to his safety. After being returned to the U.S. in June, he was charged with human smuggling, which arose from a traffic stop; however, Judge Crenshaw expressed skepticism about the government’s evidence linking him to gang activity, calling it "a poor attempt," as he pointed out the absence of gang tattoos or affiliations, according to Al Jazeera and India Times.

The dual rulings on Wednesday represent a significant legal milestone for Abrego Garcia, a father and immigrant who has become a symbol in the debate over immigration policies and deportations under the Trump administration. His case highlights the tension between immigration enforcement and individual rights, especially in light of the court's recognition of the government’s prior mishandling of his deportation, as noted by CBS News and ABC News.

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