The decisions of the American court allow the release of Abrego Garcia, bar its expulsion | Donald Trump News

An American judge prevented the immigration authorities from immediately holding and expelling Kilmar Abrego Garcia to his release from prison.

The decision was part of a punch on Wednesday, while two courts weighed on the fate of the father of Maryland.

Abrego Garcia was catapulted under national spotlights in March after the administration of President Donald Trump expressed it wrongly to his native Salvador, despite an order from the court protecting him from the dismissal.

His case became emblematic of the first days of Trump’s mass expulsion campaign, criticism accusing the president of adopting a slapdash approach which violated the regular procedure of the law.

In recent weeks, Abrego Garcia has been detained in a Tennessee prison, while the Trump administration is pursuing criminal charges against him.

But in one of the twin decisions on Wednesday, the American district judge Waverly Crenshaw in Nashville confirmed the conclusion that Abrego Garcia could be released from prison, rejecting the administration of Trump says that it could be a danger or risk of theft.

Crenshaw has also expressed his doubt about the statements of the Trump administration that Abrego Garcia is a member of the MS-13 gang, citing a lack of evidence.

His decision allows Abrego Garcia to be potentially released from detention as he awaits a trial in January on Human smuggling charges. However, his release was again delayed for a period of 30 days, at the request of the lawyers of Abrego Garcia, who fear being able to be expelled.

Simultaneously on Wednesday, a second hearing of the court took place in Maryland under the American district judge Paula Xinis.

She heard arguments on the unjustified deportation of Abrego Garcia to El Salvador, as part of a trial brought by his wife, Jennifer Vasquez Sura.

Since Trump officials indicated that they were planning to expel Abrego Garcia if he is released, Xinis made a decision demanding that immigration officials give him a notice of three working days if they initiate the procedure for dismissal.

The Trump administration, Xinis wrote, did not “do much to ensure that, in the absence of intervention, the rights of the regular procedure of Abrego Garcia will be protected”.

Xinis also ordered the government to restore the legal status that Greo Garcia had already been under, which allowed him to live and work in Maryland.

Abrego Garcia was expelled in Salvador in March, in violation of the order of an immigration judge in 2019 who prevented him from being sent back to his country of origin.

His lawyers argued that Greo Garcia fled El Salvador in adolescence to avoid gang threats.

The government acknowledged that Abrego Garcia’s dismissal to Salvador had been the result of an “administrative error”.

Judge Xinis – and later the United States Supreme Court – finally ruled that the Trump administration was responsible for “facilitating” its return to the United States.

But the Trump administration doubled, arguing that Abrego Garcia’s dismissal was legal and painted him as a member of MS-13.

Trump even posted a photo of him on social networks holding a photo of the articulations of Abrego Garcia, with the letters and numbers for “MS-13” superimposed numerically with each finger, next to real tattoos of a smiling face and a marijuana sheet.

“He was tattooed MS-13 on his joints”, Trump wrotefalsely, April 18.

Judge Xinis had threatened to find the Trump administration in court in order not to adequately facilitate the release of Abrego Garcia, or provide significant updates. The officials had argued that they had little power to bring him back, since he was detained in Salvador.

But in early June, the Trump administration suddenly announced the return of Abrego Garcia to the United States. At the same time, the Ministry of Justice revealed that he had obtained an indictment to accuse criminal Abrego Garcia.

In the center of the government’s case is a video of a traffic stop in November 2022, showing that Greo Garcia led a SUV Chevrolet Suburban with three rows of seats. A police officer heard in the images speculates that the nine passengers could be involved in human smuggling, but no accusation was made at the time.

His lawyers rejected the case of government as “absurd”.

However, before Xinis’ decision, the lawyers asked Abrego Garcia to remain in detention when he was waiting for the trial, for fear that he was immediately expelled if he was released.

While Greo Garcia cannot be sent to El Salvador, the Trump administration has maintained that it can be legally expelled to a third country, even one where it has no personal links.

Last month, the United States Supreme Court judged that the Trump administration could, at least in the short term, continue to expel individuals towards such third -party country While judicial disputes continue against the practice.

Some of these third countries have included South Sudan And EswaFormerly known as Swaziland, who both faced charges of human rights violations in their prisons.

A spokesperson for the Department of Internal Security went to the social media platform on Wednesday to criticize the last decision of Xinis.

“The fact that this disadvantaged judge tries to say to Ice (immigration and customs, which they cannot arrest a member of the gang MS-13, accused by a large jury for the trafficking of human beings, and subject to an arrest in matters of immigration under the federal law is without law and crazy”, the spokesman Tricia McLaughlin wrotereiterating unproven complaints.

However, ABREGO GARCIA’s lawyers applauded Wednesday’s judicial decisions.

“These decisions are a powerful reprimand of government-free conduct from the government and a critical safeguarding for the rights of the regular Kilmar procedure,” said lawyer Simon Sandoval-Moshenberg in a statement.