Credited from: LATIMES
A U.S. District Judge is set to hear further arguments regarding whether Immigration and Customs Enforcement (ICE) can re-detain Kilmar Abrego Garcia, a Salvadoran national previously deported in violation of a court order. Judge Paula Xinis extended a temporary restraining order that prevents the government from re-detaining him while ongoing legal complexities are resolved. Abrego Garcia was released earlier this month after the judge ruled that ICE had "no lawful authority" to hold him, and concerns have been raised regarding the government's reliability in adhering to judicial orders, according to ABC News, CBS News, and Los Angeles Times.
The ruling follows a series of legal challenges after Abrego Garcia was mistakenly deported to El Salvador in March despite a 2019 ruling that prohibited his deportation due to threats of gang violence against him. Judge Xinis expressed her dissatisfaction with the inconsistent messaging from federal attorneys regarding the plans for Abrego Garcia’s potential deportation to countries such as Liberia or Uganda, noting her impatience with the government's lack of clarity in the situation. "Why should I give the respondents the benefit of the doubt?" she questioned, highlighting a fundamental distrust in the process, as reported by The Hill and Los Angeles Times.
In court proceedings, it has been established that the U.S. government has explored multiple countries for Abrego Garcia's deportation, often citing nations like Uganda and Eswatini. However, Abrego Garcia's legal team insists his safe removal should be to Costa Rica, which previously offered him refugee status. In an emphatic statement, his attorney Simon Sandoval-Moshenberg remarked, “You know who’s keeping Mr. Garcia in the United States right now? The federal government,” and reiterated Abrego Garcia's willingness to self-deport, as confirmed by CBS News and The Hill.
The upcoming deadlines set by Judge Xinis will require the Justice Department to clarify its plans regarding Abrego Garcia’s deportation status by December 26, with the plaintiff’s response due by December 30. Until a resolution is reached, the current restraining order preventing his re-detention remains in effect, illustrating the complexities and challenges surrounding immigration proceedings and deportation cases, according to ABC News, Los Angeles Times, and The Hill.