Federal Judge Orders Release of Kilmar Abrego Garcia Amid Ongoing Deportation Threat - PRESS AI WORLD
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Federal Judge Orders Release of Kilmar Abrego Garcia Amid Ongoing Deportation Threat

Credited from: SFGATE

  • A federal judge has ordered the release of Kilmar Abrego Garcia from immigration detention.
  • Garcia, wrongfully deported to El Salvador, returns home to Maryland amid continuing legal battles.
  • The Department of Homeland Security plans to appeal the judge's decision, alleging "naked judicial activism."
  • Garcia faces pending human smuggling charges linked to a past traffic stop in Tennessee.
  • His case represents broader issues in the Trump-era immigration enforcement policies.

On Thursday, U.S. District Judge Paula Xinis ordered the immediate release of Kilmar Abrego Garcia from immigration detention, citing that his re-detention lacked legal authority. The judge affirmed that Garcia was never issued a valid removal order, stating, "the government has no workable plan to deport him," which invalidated his continued custody, according to SCMP and India Times.

Garcia has been a contentious figure in the immigration debate, especially following his wrongful deportation to a notorious prison in El Salvador earlier this year. After returning to the U.S., he faced new human smuggling charges, which his attorney argues are a form of retaliation for the publicity surrounding his case. Garcia's attorney, Simon Sandoval-Moshenberg, indicated their intent to fight these charges vigorously, as reported by Los Angeles Times and Al Jazeera.

Following his release, Garcia's legal troubles continued as he was required to check in with Immigration and Customs Enforcement (ICE). However, Judge Xinis quickly granted a temporary restraining order preventing ICE from re-detaining him during this process. "For the public to have any faith in the orderly administration of justice," wrote Judge Xinis, "the Court’s narrowly crafted remedy cannot be so quickly and easily upended without further briefing and consideration," according to Reuters and ABC News.

The Department of Homeland Security has condemned the judge's ruling, with Assistant Secretary Tricia McLaughlin labeling it as "naked judicial activism" and pledging to appeal. The ruling comes against a backdrop of an aggressive Trump administration immigration policy targeting individuals like Garcia, who previously won protection from deportation due to threats to his safety from gangs in El Salvador, reported by Africanews and India Times.

Garcia's situation is emblematic of the systematic failures within the immigration enforcement framework, as he continues to battle potential re-deportation despite not being legally removed from the U.S. "We will continue to fight to make sure there is a fair trial," Sandoval-Moshenberg remarked, highlighting the ongoing fight against what they perceive as punitive government measures against individuals challenging the system, according to SCMP and SFGate.

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