A federal judge blocked U.S. Immigration and Customs Enforcement last week from immediately detaining Kilmar Armando Abrego Garcia, the Maryland man who was wrongfully deported to El Salvador, if he gets released from Tennessee jail.
U.S. District Judge Paula Xinis ordered the U.S. government on Wednesday to give three business days’ notice if ICE intends to begin deportation proceedings against Abrego Garcia, the Associated Press reported.
“Defendants have done little to assure the Court that absent intervention, Abrego Garcia’s
due process rights will be protected,” Judge Xinis wrote in her order.
Xinis also ordered the restoration of federal supervision that Abrego Garcia was under before he was deported in March, which allowed him to live and work in Maryland.
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U.S. District Judge Waverly Crenshaw, who is overseeing Abrego Garcia’s criminal trial in Tennessee, also denied Wednesday the federal government’s request to revoke an order that allows Abrego Garcia’s release before his trial. The judge sent the case to U.S. Magistrate Judge Barbara Holmes, who held off on ordering Abrego Garcia’s release due to a request from his own lawyers, the Associated Press reported.
The two orders came after Abrego Garcia’s lawyers filed a motion on July 20 that called for a 30-day stay of any release order, after initially arguing for his release, according to the Associated Press. The attorneys asked to delay his release in fear of him getting immediately deported.
“We have been advised by the government that if the Court denies the government’s motion for revocation, the defendant would be transferred to the custody of the Department of Homeland Security (“DHS”), and DHS would begin removal proceedings,” Abrego Garcia’s lawyers wrote in the motion.
The Trump administration could potentially deport Abrego Garcia to Mexico or South Sudan upon his release, ICE assistant director Thomas Giles testified earlier this month in a Maryland federal court, the Associated Press reported.
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Prince George’s County Police detained Abrego Garcia in 2019 due to alleged involvement as an MS-13 gang member, the Associated Press reported. He was later turned over to ICE custody.
The U.S. Department of Homeland Security began deportation proceedings against Abrego Garcia after an informant alleged he was part of MS-13’s New York chapter, according to the Associated Press. But Abrego Garcia never lived in New York.
An immigration judge protected Abrego Garcia from deportation in 2019 due to fear of harm if he was returned to his native country of El Salvador, but ICE agents detained him without an arrest warrant and deported him to a detention center in El Salvador on March 15 of this year, the Associated Press reported. He returned to the U.S. on June 6.
Abrego Garcia is awaiting a federal trial on human smuggling charges, which dates back to a 2022 Tennessee traffic stop where he was speeding in a vehicle with nine passengers, the Associated Press reported. He left the scene with a warning and pleaded not guilty to the charges on June 13.