
ICE can't immediately detain Ábrego García ahead of Tennessee trial, judge says
Why it matters: Immigration officials told a federal court that Ábrego García could be immediately deported again — potentially to a country other than El Salvador — if he were released ahead of his upcoming trial despite the White House calling that assertion "fake news" later.
Ábrego García, a Maryland resident, was recently returned to the U.S. after erroneously being sent to a notorious Salvadoran prison where he described enduring " severe mistreatment."
In her order, Judge Paula Xinis said Ábrego García had "remained in compliance" with an Immigration and Customs Enforcement supervision order at the time he was wrongfully deported.
What they're saying: Xinis said Ábrego García must be returned to the jurisdiction of ICE officials in Maryland rather than Tennessee.

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NBC News
an hour ago
- NBC News
Court weighs unusual Trump lawsuit against Maryland-based federal judges
BALTIMORE — A judge on Wednesday will consider an unprecedented lawsuit in which the Trump administration sued all 15 Maryland-based federal judges over a standing order related to deportation cases. The case marks the latest escalation of the Trump administration's war on the judiciary, which has been marked by criticism of judges who rule against the government over President Donald Trump's bold and aggressive use of executive power. At issue is a standing order issued by Chief Judge George Russell on May 21 and updated a week later that set rules for handling cases involving immigrants facing immediate risk of deportation. The order applies a temporary stay of deportation of a few days while the case is considered. As the top judge in the district of Maryland, which covers the entire state, it is part of Russell's job to set certain procedures for how cases are administered. The order came in response to the flurry of actions taken by the Trump administration relating to immigration, including moves to deport people without due process. One of the most high-profile cases in the country, involving a Salvadoran man, Kilmar Abrego Garcia, who was wrongly deported back to his native country before eventually being returned, arose in Maryland. The order states that when an immigrant files a petition for habeas corpus in Maryland federal courts, the government is temporarily prevented from deporting them until the claim can be adjudicated. The automatic stay applies for roughly two days and, according to the government, has been applied to at least 12 cases so far. The standing order is intended in part to "preserve existing conditions and potential and the potential jurisdiction of this court over pending matters," Russell wrote. Wednesday's hearing is being held in the Baltimore federal courthouse but has been specially assigned to U.S. District Judge Thomas Cullen, who normally sits in Virginia. In court filings, Justice Department lawyers under Attorney General Pam Bondi said that the order "harms the federal government's sovereign interests on a repeated and ongoing basis" because it applies even when the immigrant may have no valid legal argument or the court has no jurisdiction over the case. The government argues that the court simply has no authority to issue such an order, which goes far beyond Russell's authority as a chief judge. In response, the judges have hired a legal team that includes Paul Clement, who served as solicitor general under Republican President George W. Bush. Clement and his colleagues argue in their own filings that the lawsuit is "fundamentally incompatible with the separation of powers," which assigns different functions to the president and courts. The standing order constitutes a purely administrative procedure and does not reflect any consideration of the legal merits of any claim, they argue. As such, it is a "modest effort to preserve the judiciary's ability to perform its constitutionally assigned role," they added. Cullen, a former prosecutor, was appointed by Trump in 2020 with the backing of Virginia's two Democratic senators.


Fox News
2 hours ago
- Fox News
Rural town to turn closed prison into ICE detention facility despite resident pushback
The small town of Mason, Tenn., has approved plans to turn a former prison into a migrant detention facility. CoreCivic, a private company, is set to operate the site following the approval of its contract, the Associated Press reported. The facility, which is now slated for conversion into a migrant detention center, was shuttered in 2021 after then-President Joe Biden ordered the Justice Department to halt the renewal of contracts with private detention facilities. On Jan. 20, President Donald Trump rescinded Biden's order. The Tuesday night meeting was attended by dozens of protesters and the scene frequently devolved into shouting matches, according to Fox 13 Memphis. Mason Vice Mayor Reynaldo Givhan told the outlet that while he voted in favor of CoreCivic, he "really had to do some soul searching" and ultimately decided to abstain from the second vote, which concerned ICE's contract. Census data shows that Mason has a population of just 1,337 and has a median household income of just over $47,000. Mason Mayor Eddie Noeman told Action News 5, an NBC affiliate, that the town saw this as a business opportunity and that it has "nothing to do with" anything going on inside the facility. The mayor, who is an Egyptian-American immigrant, also said that he is "looking for the best interest of the town," which in his view is to bring back jobs. However, some of the townspeople's ire may be because CoreCivic has faced $44.7 million in fines across multiple prisons, with the latest case happening in February, but it has had problems since 2022, including understaffing violations, the Associated Press reported. The outlet said it had reviewed documents showing that the company spent over $4.4 million to settle 80 lawsuits and out-of-court complaints about mistreatment, which included at least 22 inmate deaths. As the Trump administration pushes to deport illegal immigrants, some states have moved to partner with the federal government to expand ICE detention facilities. This includes Florida's Alligator Alcatraz, which recently hit a roadblock after a federal judge blocked construction at the facility. Florida Attorney General James Uthmeier has vowed to fight back. On Aug. 5, ICE announced its second state partnership, this time with Indiana, which will use part of the Miami Correctional Center for the "Speedway Slammer," which will house migrants. "Thanks to Governor Braun for his partnership to help remove the worst of the worst out of our country. If you are in America illegally, you could find yourself in Indiana's Speedway Slammer. Avoid arrest and self deport now using the CBP Home App," DHS Secretary Kristi Noem said in a statement. Fox News Digital reached out to CoreCivic but did not receive a response in time for publication.


CNN
3 hours ago
- CNN
Judge orders ICE to improve conditions after NYC immigration detainees complain of mistreatment
A federal judge ordered the Trump administration Tuesday to immediately improve conditions at a New York City immigration holding facility, acting on complaints by jailed migrants that it is dirty, smelly and overcrowded. Judge Lewis A. Kaplan, ruling in a lawsuit filed on behalf of detainees, issued a temporary restraining order requiring US Immigration and Customs Enforcement to limit capacity, ensure cleanliness and provide sleeping mats in so-called hold rooms at 26 Federal Plaza, a government building in Manhattan. Cellphone video recorded last month by a detainee showed about two dozen men crowded in one of the building's four hold rooms, many lying on the floor with thermal blankets but no mattresses or padding. In court filings, detainees complained they had no soap, toothbrushes or other hygiene products. They said they were fed inedible 'slop' and endured the 'horrific stench' of sweat, urine and feces, in part because the rooms have open toilets. One woman having her period couldn't use menstrual products because women in her room were given just two to divvy up, the lawsuit said. Kaplan ordered immigration officials to allocate 50 square feet per person – shrinking the largest hold room's capacity to about 15 people after detainees said 40 or more were being jammed in. The building, home to immigration court and the FBI's New York field office, has become an epicenter of President Donald Trump's crackdown on illegal immigration. The judge ordered the government to thoroughly clean the cells three times a day and provide an adequate supply of hygiene products. Addressing concerns that detainees weren't able to communicate with lawyers, Kaplan ordered the government to make accommodations for confidential legal telephone calls. 'My conclusion here is that there is a very serious threat of continuing irreparable injury, given the conditions that I've been told about,' Kaplan said at a hearing Tuesday where a government lawyer conceded that some of the complaints were valid. 'I think we all agree that conditions at 26 Federal Plaza need to be humane, and we obviously share that belief,' government lawyer Jeffrey S. Oestericher said, adding that he agreed 'inhumane conditions are not appropriate and should not be tolerated.' The lawsuit – filed by the immigrant rights organization Make the Road New York, the New York Civil Liberties Union and the American Civil Liberties Union – sought court intervention to end what plaintiff lawyer Heather Gregorio called 'inhumane and horrifying conditions.' Some detainees have been held at 26 Federal Plaza far longer than the 72-hour norm, Gregorio said. Murad Awawdeh, the president and CEO of the New York Immigration Coalition, welcomed Kaplan's ruling as a 'step forward' but said the facility 'must be shut down permanently.' New York City Comptroller Brad Lander, who was arrested at 26 Federal Plaza in June after he tried to lock arms with a person authorities were attempting to detain, said the decision 'is a much-needed rebuke of Trump's cruel immigration policies.' In a sworn declaration, Nancy Zanello, of ICE's New York City Field Office of Enforcement and Removal Operations, wrote that as of Monday, a total of 24 people were held in the building's four hold rooms – well shy of the city fire marshal's 154-person cap. Each room has at least one toilet and sink, and hygiene products are available, including soap, teeth cleaning wipes and feminine products, Zanello said. Sergio Barco Mercado, the lawsuit's named plaintiff, said in a court filing that he was held at 26 Federal Plaza for two days last week after his arrest there while leaving an immigration court hearing. Barco Mercado, a native of Peru who said he sought asylum in the US in 2022, said his hold room was 'extremely crowded,' cold and 'smelled of sewage,' and that the conditions exacerbated a tooth infection that swelled his face and altered his speech. 'We did not always get enough water,' Barco Mercado said. 'There was one guard who would sometimes hold a bottle of water up and people would wait to have him squirt some into our mouths, like we were animals.' Another detainee, Carlos Lopez Benitez, said he fled violence in Paraguay in 2023 and was seeking asylum in the US when he was arrested in July while leaving an immigration hearing. He said officers told him he'd be in detention until a 2029 hearing on his asylum application. Lopez Benitez said an officer showed him a cellphone photo of his arrest and mocked him for crying. In his holding cell, he said, officers blasted air conditioning and doled out meals that 'looked like dog food.'