Latest news with #KilmarAbregoGarcia
Newsweek
40 minutes ago
- Politics
- Newsweek
Kilmar Abrego Garcia Scores Major Legal Win
Based on facts, either observed and verified firsthand by the reporter, or reported and verified from knowledgeable sources. Newsweek AI is in beta. Translations may contain inaccuracies—please refer to the original content. Kilmar Abrego Garcia, a Salvadoran man at the center of a long-running legal and political controversy over U.S. immigration enforcement, must be released from custody and returned to Maryland, two federal judges ruled Wednesday in separate decisions. The decisions come after months of legal battles following Abrego's controversial removal to El Salvador in March, a deportation that the U.S. Supreme Court later determined to be unlawful. Late on Wednesday, in a third ruling, U.S. Magistrate Judge Barbara Holmes delayed Abrego's release from custody for 30 days, following a request from his attorneys. They cited government advice that the Department of Homeland Security would begin removal proceedings if he were released. Newsweek approached the Department of Homeland Security and Department of Justice for comment. Why It Matters The orders from U.S. District Judges Waverly Crenshaw Jr. and Paula Xinis mark a significant turning point in the case. The orders are the latest developments in a high-profile saga involving immigration, criminal proceedings, and alleged violations of constitutional rights. While the decisions represent a significant legal victory for Abrego, federal immigration authorities have signaled that efforts to deport him may soon resume. Kilmar Abrego Garcia is seen in a courtroom sketch sitting in court during his detention hearing on Wednesday, June 25, 2025, in Nashville, Tenn Kilmar Abrego Garcia is seen in a courtroom sketch sitting in court during his detention hearing on Wednesday, June 25, 2025, in Nashville, Tenn Diego Fishburn via AP What To Know Abrego, who entered the U.S. without authorization over a decade ago, was living and working in Maryland under an Immigration and Customs Enforcement (ICE) supervision order when he was detained and deported to El Salvador on March 12, 2025. The deportation directly violated a standing immigration court order from 2019 that prohibited his removal to El Salvador due to credible fears for his safety there. After being expelled, Abrego was held at El Salvador's Terrorism Confinement Center, a prison known for violence and overcrowding. His removal prompted legal challenges that reached the Supreme Court, which found the deportation violated both the Immigration and Nationality Act and Abrego's constitutional right to due process. Following the ruling, the federal government delayed for nearly three months before returning Abrego to the U.S. in June. Upon arrival, he was placed in U.S. Marshals custody to face unrelated criminal charges in Tennessee. On Wednesday, Judge Crenshaw, an appointee of former President Barack Obama, ruled that Abrego should be released on bail while awaiting trial in the Middle District of Tennessee, finding that prosecutors had not demonstrated that he posed a flight risk or danger to the community. Crenshaw noted that although the government accused Abrego of immigrant smuggling involving a minor, he had been cooperative when stopped by law enforcement in 2022 and had not attempted to flee. Judge Xinis, acting in a civil case brought by Abrego and his family over his deportation, ruled to both restore Abrego to his pre-deportation immigration status and protect his due process rights if officials attempt to remove him from the U.S. again. Her ruling criticized government attorneys and ICE officials for failing to prepare adequately for court proceedings and for offering limited details about possible third-country removal options. The court noted that although DHS has existing diplomatic agreements with countries like Mexico and South Sudan to accept deportees, no specific plans had been confirmed for Abrego. Nor had federal officials explained what process would be available to him in the event of a third-country removal. The court's ruling underscores that any further attempts to remove Abrego must begin in Maryland, where jurisdiction over his original immigration case lies. Officials had previously indicated that any removal proceedings could be initiated wherever ICE found space to detain him, raising concerns about due process and judicial oversight. Tennessee U.S. Magistrate Judge Barbara Holmes has delayed the release of alleged MS-13 member Kilmar Abrego Garcia from custody for thirty days. His attorneys requested the delay on Monday, citing advice from the government that the Department of Homeland Security would initiate removal proceedings if he were released. What People Are Saying U.S. District Judge Waverly Crenshaw Jr. in Tennessee, said in his ruling: "It is not difficult to see why one might seek to avoid ICE after experiencing what Abrego did in recent months," adding that is was "pure speculation" on the government's argument that Abrego would flee to avoid ICE highlighting that it was the government itself that had created the circumstances now cited as justification for detention. While U.S. District Judge Paula Xinis in Maryland said: "The requested relief is necessary not only to fulfill this Court's prior order, but also to provide the kind of effective relief to which a wrongfully removed alien is entitled upon return," emphasizing that the action was necessary to restore the "status quo ante"—Abrego's legal standing before his unlawful deportation. Tennessee U.S. Magistrate Judge Barbara Holmes said: "Abrego shall therefore remain in the custody of the United States Marshal pending further order, as previously directed." Despite these rulings, Tricia McLaughlin from the Department of Homeland Security said: ""He [Abrego] will never walk America's streets again." What Happens Next Despite the rulings, Abrego's legal battles may be far from over. While the courts have ordered his return to Maryland and implemented safeguards against sudden deportation, immigration authorities have maintained their intent to pursue removal. As the case moves forward, it remains a focal point in the broader national conversation over immigration enforcement, executive power, and the limits of constitutional protections for noncitizens.
Fox News
3 hours ago
- Politics
- Fox News
New twist in Kilmar Abrego Garcia court battle: 'Judges will be checked'
Former federal prosecutor and acting ICE Director Jonathan Fahey weighs in a judge pausing Kilmar Abrego Garcia's release and the rise in ICE detainers in New York City.
Fox News
4 hours ago
- Politics
- Fox News
'Lawless and insane': Trump admin readies for fight after judges block Abrego Garcia removal for now
A trio of judges slowed the Trump administration's effort Wednesday to immediately deport Salvadorian migrant Kilmar Abrego Garcia for a second time, in a series of back-to-back court orders that were praised by Abrego's attorneys — but had Trump officials posturing for a fight. The orders came in a span of 90 minutes from the U.S. districts of Tennessee and Maryland and halted, for now, the Trump administration's stated plans to have Immigration and Customs Enforcement (ICE) arrest Abrego Garcia and immediately begin removal proceedings to deport him to a third country, such as Mexico or South Sudan. Justice Department officials acknowledged that plan in court earlier this month, telling a federal judge in Maryland that the handoff from U.S. marshals to ICE officials would likely take place outside the federal prison where Abrego Garcia is currently being held. Those fears were bolstered further after senior Trump administration officials took to social media Wednesday to rail against the string of court rulings. Department of Homeland Security (DHS) Assistant Secretary Tricia McLaughlin vowed on X Wednesday that Abrego Garcia "will never walk America's streets again." "The fact this unhinged judge is trying to tell ICE they can't arrest an MS-13 gang member, indicted by a grand jury for human trafficking, and subject to immigration arrest under federal law is LAWLESS AND INSANE," she said. The remarks prompted fresh concerns from immigration advocates, as well as lawyers for Abrego Garcia and his family. "We have heightened, ongoing concerns about the Trump administration's compliance with any and all those involved" in the case, Chris Newman, an attorney who represents Abrego Garcia's family, told Fox News Digital in an interview Wednesday after the orders. His concerns came despite the string of near-term victories for Abrego Garcia, aimed at affording him due process and access to counsel ahead of his removal. In Nashville, U.S. District Judge Waverly Crenshaw on Wednesday ordered Abrego Garcia's release from criminal custody pending trial, writing in a 37-page ruling that the federal government "fails to provide any evidence that there is something in Abrego's history, or his exhibited characteristics, that warrants detention." He also poured cold water on the dozens of allegations made by Trump officials, including by DHS Secretary Kristi Noem in Nashville last week, that Abrego Garcia is an MS-13 gang member. "Based on the record before it, for the court to find that Abrego is member of or in affiliation with MS13, it would have to make so many inferences from the government's proffered evidence in its favor that such conclusion would border on fanciful," he said. U.S. Magistrate Judge Barbara Holmes, tasked with implementing that order, stayed Abrego Garcia's release from criminal detention for 30 days, a request made by his attorneys earlier this week. Two minutes after Judge Crenshaw's ruling, U.S. District Judge Paula Xinis, the judge overseeing his civil case in Maryland, issued an emergency order blocking the administration from immediately taking Abrego Garcia into ICE custody, citing concerns he would otherwise be removed immediately and without due process. She also ordered that Abrego Garcia be sent to the ICE Order of Supervision at the Baltimore Field Office, and that the Trump administration notify Abrego Garcia and his counsel of any plans to remove him to a third country 72 hours in advance, to ensure access to counsel and to challenge the country of removal. Lawyers for Abrego Garcia praised the court orders Wednesday, though they stressed there is a long road ahead — and one that remains fraught with uncertainty. "These rulings are a powerful rebuke of the government's lawless conduct and a critical safeguard for Kilmar's due process rights," Simon Sandoval-Moshenberg, one of Abrego Garcia's attorneys, said Wednesday. However, Abrego Garcia's case has been the center of a monthslong legal maelstrom and is one that critics argue has allowed the Trump administration to test its mettle on immigration enforcement and its ability to slow-walk or evade compliance with federal courts. Whether the administration will appeal the orders Wednesday, or otherwise honor them, remains to be seen. The Supreme Court has in recent months sided with the Trump administration on a number of key court cases, as well as a flurry of emergency orders, suggesting they could move for emergency intervention at that level. Though justices on the high court ordered unanimously that the Trump administration facilitate Abrego Garcia's return to the U.S. earlier from El Salvador this year, it's unclear whether they would intervene at this point to head off the administration's planned removal. Any challenge to the Tennessee orders, including the 30-day stay, would also be heard by the conservative-majority U.S. Court of Appeals for the Sixth Circuit, which could block the lower court orders from taking force. Others noted the Trump administration's posture in recent immigration cases, including in the wake of their removal of hundreds of migrants to El Salvador's CECOT prison earlier this year. Critics argue the Trump administration has been slow, or downright recalcitrant, to comply with court orders — and their actions prompted two judges in Washington, D.C., and Maryland to threaten potential contempt proceedings earlier this year. U.S. District Judge James Boasberg's April ruling, which found there was probable cause to hold the administration in contempt for violating his order blocking them from using a wartime law to deport migrants to CECOT, was stayed by a federal appeals court. On the other hand, Trump officials have railed against the "activist" judges, who they argue have blocked their agenda and overstepped their court powers. Lawyers for Abrego Garcia and his family say they are clear-eyed about the administration and expected attempts to challenge the orders, even while the details of the efforts remain unclear. "It's now a matter of public record that their posture since the beginning is to say, 'F--- you' to the courts," Newman, the lawyer for Abrego Garcia's family, said in an interview. "So, to say that we are being vigilant about potential bad faith efforts by the Trump administration would be an understatement," he said.
Al Jazeera
16 hours ago
- Politics
- Al Jazeera
US court decisions allow for Abrego Garcia's release, bar his deportation
A United States judge has blocked immigration authorities from immediately detaining and deporting Kilmar Abrego Garcia upon his release from jail. The decision was part of a one-two punch on Wednesday, as two courts weighed in on the Maryland father's fate. Abrego Garcia was catapulted into the national spotlight in March after the administration of President Donald Trump wrongfully deported him to his native El Salvador, despite a court order protecting him from removal. His case became emblematic of the early days of Trump's mass deportation drive, with critics accusing the president of taking a slapdash approach that violated the due process of the law. In recent weeks, Abrego Garcia has been held in a Tennessee prison, as the Trump administration pursues criminal charges against him. But in one of Wednesday's twin rulings, US District Judge Waverly Crenshaw in Nashville upheld the finding that Abrego Garcia could be released from jail, rejecting Trump administration claims that he might be a danger or a flight risk. Crenshaw also expressed doubt about the Trump administration's claims that Abrego Garcia is a member of the gang MS-13, citing a lack of evidence. His decision allows Abrego Garcia to potentially be released from detention as he awaits a January trial on human smuggling charges. Still, his release has been once again delayed for a period of 30 days, at the request of Abrego Garcia's lawyers, who fear he could be deported. Simultaneously on Wednesday, a second court hearing was unfolding in Maryland under US District Judge Paula Xinis. She has been hearing arguments about Abrego Garcia's wrongful deportation to El Salvador, as part of a lawsuit filed by his wife, Jennifer Vasquez Sura. Given that Trump officials have signalled they plan to deport Abrego Garcia if he is released, Xinis issued a ruling requiring that immigration officials to give him notice of three business days if they initiate removal proceedings. The Trump administration, Xinis wrote, has 'done little to assure the court that, absent intervention, Abrego Garcia's due process rights will be protected'. Xinis also ordered the government to restore the legal status that Abrego Garcia had previously been under, which allowed him to live and work in Maryland. Abrego Garcia was deported to El Salvador in March, in violation of an immigration judge's 2019 order barring him from being sent back to his home country. His lawyers have maintained that Abrego Garcia fled El Salvador as a teenager to avoid gang threats. The government acknowledged that Abrego Garcia's removal to El Salvador had been the result of an 'administrative error'. Judge Xinis — and later the US Supreme Court — ultimately ruled that the Trump administration had a responsibility to 'facilitate' his return to the US. But the Trump administration doubled down, arguing that Abrego Garcia's removal was lawful and painting him as a member of MS-13. Trump even posted a picture of himself to social media holding a photo of Abrego Garcia's knuckles, with the letters and numbers for 'MS-13' digitally superimposed on each finger, next to real tattoos of a smiley face and marijuana leaf. 'He's got MS-13 tattooed onto his knuckles,' Trump wrote, falsely, on April 18. Judge Xinis had threatened to find the Trump administration in contempt of court for failing to adequately facilitate Abrego Garcia's release, or provide meaningful updates. Officials had argued that they had little power to bring him back, given that he was held in El Salvador. But in early June, the Trump administration abruptly announced Abrego Garcia's return to the US. At the same time, the Justice Department revealed it had obtained an indictment to criminally charge Abrego Garcia. At the centre of the government's case is a video from a November 2022 traffic stop, showing Abrego Garcia driving a Chevrolet Suburban SUV with three rows of seats. A police officer heard in the footage speculates that the nine passengers could be involved in human smuggling, but no charges were brought at that time. His lawyers have dismissed the government's case as 'preposterous'. Still, before Xinis's ruling, the lawyers had requested Abrego Garcia remain in custody as he awaits trial, for fear that he might be immediately deported if released. While Abrego Garcia cannot be sent to El Salvador again, the Trump administration has maintained he can be legally deported to a third country, even one where he has no personal ties. Last month, the US Supreme Court ruled that the Trump administration could, at least in the short term, continue to deport individuals to such third-party countries while legal challenges proceed against the practice. Some of those third-party countries have included South Sudan and Eswatini, formerly known as Swaziland, both of which have faced accusations of human rights abuses in their prisons. A spokeswoman for the Department of Homeland Security took to the social media platform X on Wednesday to criticise Xinis's latest ruling. 'The fact this unhinged judge is trying to tell ICE [Immigration and Customs Enforcement] they can't arrest an MS-13 gang member, indicted by a grand jury for human trafficking, and subject to immigration arrest under federal law is LAWLESS AND INSANE,' spokesperson Tricia McLaughlin wrote, reiterating unproven claims. Abrego Garcia's lawyers, however, applauded Wednesday's court decisions. 'These rulings are a powerful rebuke of the government's lawless conduct and a critical safeguard for Kilmar's due process rights,' lawyer Simon Sandoval-Moshenberg said in a statement.
Epoch Times
16 hours ago
- Politics
- Epoch Times
Judges Order Kilmar Abrego Garcia Released From Federal Custody
WASHINGTON—Two federal judges on July 23 ordered that Kilmar Abrego Garcia, an illegal immigrant from El Salvador subject to a high-profile prosecution by the United States, be released from federal custody and permitted to return to his family in Maryland. Abrego Garcia, 30, was first removed to El Salvador on March 15 following the government's invocation of the Alien Enemies Act of 1798, and detained in the maximum security prison Terrorism Confinement Center in that country—prompting opposition from Democrats and illegal immigrant advocacy groups—before being returned to the United States to face felony smuggling charges in Tennessee.
