GREENBELT, Md. – Kilmar Abrego Garcia’s release from federal custody is on pause for 30 days after two earlier rulings ordered his release and blocked any deportation attempts.
What we know:
On Wednesday, a U.S. district judge ordered that Kilmar Abrego Garcia be released from federal prison in Tennessee, upholding a magistrate judge’s ruling that sufficient evidence to prove that Abrego posed a public safety threat or was a flight risk was not shown.
In a separate order, another federal judge ruled that Garcia, a native of El Salvador, will remain in the United States, placing a 72-hour pause on any deportation attempts with a temporary restraining order, according to FOX News.
Magistrate Judge Barbara Holmes ordered Abrego’s release paused for 30 days, remaining “in the custody of the United States Marshal pending further order.”
Dig deeper:
The pause was requested by both the federal government and Abrego’s legal team, who want to make sure removal proceedings don’t begin once he’s released.
“These rulings are a powerful rebuke of the government’s lawless conduct and a critical safeguard for Kilmar’s due process rights,” said Simon Sandoval-Moshenberg, one of Abrego Garcia’s attorneys, in a statement. “After the government unlawfully deported him once without warning, this legal protection is essential.”
The backstory:
Garcia was deported in March to a high-security prison in El Salvador despite a 2019 immigration judge’s ruling granting him protection over concerns of gang violence.
His attorneys say he has no ties to MS-13 and was wrongfully removed during the Trump administration’s immigration crackdown.
His deportation sparked a legal battle ending in an April order from a Maryland district judge directing the federal government to enable his return.
Under pressure, the Department of Justice complied last month, but brought Garcia back under a federal indictment stemming from a 2022 traffic stop in Tennessee. He now faces human smuggling charges, which his attorneys deny.
Earlier this month, a U.S. district judge sharply criticized DOJ officials for refusing to clarify whether Garcia would be deported again if released in Tennessee. Attorneys argued that he should remain in the U.S. to contest his removal and stand trial, calling it a critical test of due process.
The Source: Information from this article was sourced from court documents and previous reporting by FOX 5 DC.
