Washington – A federal judge prevented federal immigration authorities on Wednesday from taking immediately Kilmar Abrego Garcia In detention once he is released from criminal isolation in Tennessee and ordered the Trump administration to give it a notice of 72 hours if it plans to launch procedures to procedures Remove it in a country It is not its place of origin.
THE order From the American district judge Paula Xinis was published as a federal judge in Tennessee, who presides over the criminal affair of Abrego Garcia, judged that the national Salvadoran should be released from the Federal police guard under conditions which will be established by a magistrate judge.
Tennessee judge, Waverly Crenshaw, denied The request of the Ministry of Justice to revoke an order allowing Abrego Garcia to be released while waiting for a criminal trial, writing that the government “has not brought its burden to show that no condition or combination of conditions will reasonably ensure the appearance of Abrego or the security of others”.
“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 Simon Sandoval-Moshenberg, lawyer for Abrego Garcia, in a statement. “A federal judge has now prohibited ice cream from bringing him into police custody and has ordered that any future expulsion attempt must be warned. After the government illegally expelled it once without warning, this legal protection is essential.”
Tricia McLaughlin, spokesperson for the Ministry of Internal Security, attacked Xinis for his decision.
“”The fact that this disadvantaged judge tries to tell Ice that they cannot arrest a member of the MS-13 gang, charged by a large jury for the trafficking of human beings, and subject to an arrest of immigration under the federal law is law and mad, “she said in a press release.
Abrego Garcia was accused of two criminal charges Human smuggling last month and pleaded not guilty. While a magistrate judge said he should be released Since the custody of American marshals before a trial, which should begin in January, the order has aroused concerns that Garcia Garcia would then be quickly held by the federal immigration authorities and expelled.
But the order of Xinis limits the Trump administration’s ability to quickly withdraw from the United States, in addition to preventing Trump administration officials from taking Abrego Garcia in police custody during his release in Tennessee, Xinis ordered the Ministry of Internal Security to return it to the supervised liberation under American immigration and the Baltimore Immigration and customs office. She said that Greo Garcia should be returned to Maryland, where he lives with his family.
Under this supervision order, published in 2019, Abrego Garcia had permission to live in Maryland, as well as the authorization to work. He had to register with an immigration agent at the Ice office in Baltimore. Judicial files indicate that Greo Garcia was in accordance with the ice surveillance order when he was expelled in Salvador.
Xinis said its relief allows the Trump administration to initiate immigration procedures once Garcia Garcia returns to Maryland, but said these procedures should start in Baltimore, which was responsible for the order of monitoring the previous ice.
“Once Greo Garcia is restored under the Baltimore Field Office ice cream supervision, defendants can take all the measures available to them under the law,” Xinis said.
Xinis, who sits at the Maryland Federal District Court, wrote that she “had to grant a modest aid” which guarantees that Greo Garcia is not subject to “reapprising without regular procedure” and guarantees the accomplishment of his order earlier this year which forced the Trump administration to return it to the United States from El Salvador.
Administration officials, she wrote, “did not do much to ensure the court that the absence of intervention, the rights of the regular procedure of Abrego Garcia will be protected”.
Abrego Garcia, who entered the United States illegally in 2011, was arrested by ice in March and sent to a Salvadoral prison with hundreds of other deportees despite an order from the 2019 court which prevented her from being sent back to El Salvador due to the fear of persecution by gangs. Trump administration Expulsion of Abrego Garcia recognized For El Salvador was an “administrative error”, but he stayed there for months – despite the fact that Xinis orders the government to facilitate his return – until he was brought to Tennessee to cope with criminal accusations.
While judge magistrate said he should be released in the process, the prospect that Garcia Garcia be detained by the Ministry of Internal Security for Referral Procedures Created a new tangle For the courts to disintegrate. He has remained under the guard American marshals while the legal proceedings continued.
ABREGO GARCIA’s lawyers asked the Tennessee court Last week, to postpone his release of the guard for 30 days if Crenshaw refused to attempt by the Ministry of Justice to keep him in detention while waiting for the trial – which the judge did on Wednesday.
He refused to meet Abrego Garcia’s request for the 30 -day break, leaving the magistrate’s judge to manage.
ABREGO GARCIA lawyers said the government said the government had advised the government’s request for the release of the government, the defendant would be transferred to the Guard of the Ministry of Internal Security (“ DHS ”) and the DHS would begin the procedure of referral. “”
But earlier this month, Xinis heard testimonies about how Abrego Garcia’s expulsion procedure could be managed by ice. An immigration official said to the judge That if Abrego Garcia was to be released from pre -trial detention in Tennessee, the agency had not determined where it would be sent.
“No decision has been made because he is not in police custody,” said Thomas Giles, deputy director of ice application and moving in the Maryland Federal Court.
Giles was in court after Xinis ordered the government to produce a person with first -hand knowledge of everything third -party country Apart from El Salvador where Abrego Garcia could be expelled if he was released from the criminal guard.
If Abrego Garcia was to receive a referral notice, until his expulsion, he would be able to express the fear of going to a third country, a period that could go from a “day to a week,” Giles said.
During a hearing on June 26, the prosecutor of the Ministry of Justice, Jonathan Guynn, said that if the Salvadoran was to be released, the ice would begin the procedure for returning a third country, which is not the country of origin, instead of its native Salvador.
During arguments earlier this month, Xinis said that she was not willing to allow an “unhindered release” by Abrego Garcia in police custody so that he could be “fiery” and withdrawn from the United States before governing.
“We are a court of laws and we do not operate on” believe me to speak “,” said Xinis. “From the first day, you took the presumption of regularity and destroyed it in my opinion.”
contributed to this report.