Wrongly expelled man Kilmar Abrego Garcia to stay in prison for the moment | Donald Trump News

A Salvadoral national of which erroneous expulsion In the United States, the stimulated national outcry will remain in prison for the moment, while lawyers are talking about how to prevent it from being withdrawn from the country a second time.

Wednesday, Kilmar Abrego Garcia should be released from police custody without having to file a deposit. He is detained in detention in Nashville, Tennessee, for criminal charges of human smuggling.

President Donald Trump’s administration had sought to arrest his release, judging him a risk of theft.

But the American district judge Waverly Crenshaw confirmed the previous decision of a magistrate judge that Abrego Garcia was eligible for walking freely.

However, in an unexpected turn, lawyers on both sides argued that if Abrego Garcia was released, he risks being taken under the care of immigration and the application of customs (ICE) for a second expulsion.

This would deprive Abrego Garcia from the possibility of defending himself against the accusations, which he denied. And government lawyers argued that it also jumped their criminal affair against him.

Judge Crenshaw noted in a written decision according to which, as is the government’s choice to deport or not Abrego Garcia, the situation seemed to be a case of executive power making “injuries on itself”.

“If it is expelled, supports the government, the Ministry of Justice will be deprived of the possibility of continuing its criminal charges against Abrego,” wrote Crenshaw.

But, he added: “It was the decision of the executive that places the government in this situation.”

In the end, it was decided that Greo Garcia would remain in detention while the lawyers clashed if they could prevent the expulsion of Abrego Garcia if he was released to wait for the trial.

A high level case

Abrego Garcia appeared during the hearing on Wednesday carrying a t-shirt at the prison building and a helmet to listen to the procedure through a Spanish interpreter.

It was the last chapter of an ongoing struggle between Abrego Garcia and the Trump administration to find out if it would be authorized to stay in the United States.

According to his lawyers, Abrego Garcia fled El Salvador in adolescence to avoid gang violence, arriving in the United States around 2011. He lived for more than a decade in Maryland, where he and his American wife raise three children.

In 2019, a judge granted him a protection order which prohibited his withdrawal from the United States.

But on March 15, Abrego Garcia was swept away in the immigration raids carried out as part of President Trump’s mass expulsion campaign.

He and more than 200 other Venezuelans and Salvadoran were accused of being gang members, and they were expelled in Salvador.

Many men have been sent to the Centro in Confinamiento del Terrorismo, or Cecot, a maximum security prison for people accused of terrorism. But the defenders of expelled immigrants argued that many of their customers did not have a criminal record and were requesting status of legal immigration to the United States.

The defenders also pointed out that the ice has provided rare evidence against some of the deported individuals, in some cases, seem to stop people based solely on their tattoos.

The Trump administration, however, has appointed Latin American gangs like MS-13 and Aragua train As “foreign terrorist organizations” and sought to rage their presence in the United States.

A number of legal challenges have followed the expulsion flights to El Salvador. In the case of Abrego Garcia, the government recognized that its withdrawal was the result of an “administrative error”.

But the Trump administration initially insisted that it could not be brought back to the United States even after the Supreme Court in April ordered the government to “facilitate” its return.

A return to the United States

It changed on June 7, while Greo Garcia was turned in the United States. The Trump administration justified the return if necessary to confront him with accusations of smuggling of undocumented migrants in the United States.

These charges arise from a stop of traffic in 2022 for speeding in Tennessee. In a video recording of the judgment, one of the police observed that Greo Garcia was driving a vehicle with nine passengers and speculated that he could be a smuggler. But no criminal accusation was made at the time.

By announcing the return of Abrego Garcia to the United States this month, the Trump administration revealed that it had asked for a criminal indictment in May this year.

During recent detention hearings, the special agent of internal security, Peter Joseph, said that he had not started investigating Abrego Garcia in April.

Abrego Garcia pleaded not guilty of charges of smuggling on June 13, and his lawyers qualified them as attempted to justify his erroneous expulsion.

On Sunday, judge Judge Magistrate Barbara Holmes ruled that Greo Garcia did not have to stay in prison before his criminal trial.

But she described this decision as “a little more than an academic exercise”, since it was probably that Greo Garcia would be withdrawn from the ice if he was released.

How to prevent Grego Garcia from being expelled a second time that has become the goal of Wednesday’s hearing.

An Abrego Garcia lawyer Sean Hecker noted that witnesses cooperating with the Trump administration had been protected from a possible expulsion.

“The Government has assured witness to the cooperation by ensuring that people will not be expelled,” said Hecker.

If the government could protect these witnesses against withdrawal, Hecker asked why he could not do the same for Abrego Garcia.

Representing the case of government, on the other hand, was the American prosecutor Rob McGuire. He argued that the government’s executive power was vast and that he had little control over the actions of each entity.

However, he added, he would ask the Ministry of Internal Security for his cooperation so as not to expel Abrego Garcia.

“It is a separate agency with distinct leadership and separate instructions,” said McGuire. “I’m going to coordinate, but I can’t tell them what to do.”

Speaking at a press conference before the court hearing, Abrego Garcia’s wife, Jennifer Vasquez Sura, noted that her husband had not been “kidnapped” by the government for 106 days. She called her return safely.

“Kilmar should never have been withdrawn,” she said. “This fight was the most difficult thing in my life.”