Kilmar Abrego Garcia may be released in custody and in his home state of Maryland in early Friday, the latest steps in a one -month long story that has become a symbol of the crack of President Trump on unspecified immigrants.
Abrego Garcia was detained in March, accidentally deported Al Salvador, held in a notorious jail for months. It is alleged that he was torturedAnd finally returned to America in June – only to face criminal allegations in Tennessee. Trump administration has accused them Gang membership And smuggling, allegations and his family have strictly denied.
A Nashville -based Federal Magistrate Judge Ordered Abrego Garcia was released from jail two months ago, while he was waiting for a criminal test starting in January. That order was delayed Demand Among the lawyers of Abrego Garcia, who feared that immigration and customs enforcement could immediately detain him and try to reuse it again.
Latest delay Abrego Garcia’s release from prison ends on Friday – which means that within hours, he can quit detention for the first time in months. Magistrate Judge Barbara Holmes Indicated on Thursday That he is planning to register an order for his release.
But it is not clear whether or when Abrego Garcia will be again detained with snow.
What happens after release Abrego Garcia?
Holmes is expected to set the conditions for the release of Abrego Garcia when he issues his order, allowing him to get out of jail.
If Abrego Garcia is released, he is planning to return to Maryland, where he and his family lived before their march custody by snow. Abrego Garcia’s lawyer Said in court papers This week, he hired a private security company with the experience of providing pre-tested transport and security services approved by the court in criminal cases to bring it to Maryland.
His lawyers have asked Holmes to give 48 hours after departing from jail to report to pre-trial services in Maryland. Department of Justice – which has opposed the release of Abrego Garcia – said This week This is not in opposition to the 48 -hour grace period, given that Abrego Garcia is expected to wear an electronic monitoring device after quitting custody.
The next question is whether Abrego Garcia will go directly to snow custody from pre-trial jail.
Once he is released, the immigration agents are not allowed to take Ebrego Garcia into custody in Tennessi immediately. Reign By Maryland -based American District Judge Paula Shinis. When he comes back to Maryland, the government would have to put him back in the same snow supervision program that was before taking him into custody, and he needs to give him a notice of 72 hours, if he plans to start exile to a country other than Al Salvador, Shinis said.
Can Abrego Garcia be re -deported?
Zinis’s order does not prevent ice from starting immigration against Abrego Garcia after returning to snow. He Wrote last month The government can take whatever action is available for them under the law. ,
But if he is again detained by snow, then the government’s plans will be sent to him Unclear,
“No decision has been taken because he is not in snow custody,” Thomas Gills, assistant director of ice enforcement and removal operation, told last month.
Gills said Ice Abrego would “take Garcia’s custody” as soon as possible, and “determine” based on the bed space availability “where it is to catch it.
In June, Attorney Jonathan Guine of Justice Department Told Xinis The government will try to deport Abrego Garcia in a “third country” – ie a country besides Al Salvador. He said that there were no “adjacent plans” to remove them from the United States.
However, White House spokesman Abigail Jackson called Ebrego Garcia’s potential exile “fake news,” Writing on the June 1 report: “He will face the full strength of the US justice system – which involves serving time for crimes in the US prison that are for the offenses he committed.”
There are legal hurdles to deport Abrego Garcia in his country Al Salvador – which had left more than a decade before an illegal entering America at the age of 16.
In 2019, a judge stopped the government from sending him to Al Salvador, on the basis that he feared harassment by local gangs. Despite that decision, the Trump administration sent him to Al Salvador in March-where he was held in the infamous Sikot Mega-Jail. A government lawyer Later accepted This step in court was an “administrative error”.
That error closed the court saga around Abrego Garcia. Shinis ordered the government Abrego Garcia’s return facility For the US, which was confirmed by the Supreme Court. But he stayed in the Central American country for months as the Trump administration claimed that it depended on the government to decide whether to return them, to draw disappointment from Zinis, before he returned to face criminal allegations in June.
What is the allegation of Abrego Garcia?
Abrego was Garcia Federly charged in June With a conspiracy of transportation of aliens and illegal transport of unspecified aliens.
Government Alleged This Abrego Garcia was involved in a smuggling ring, which was taken away from Texas in the federal prosecutors of the US.
The Assistant Secretary of Homeland Security Tricia McLaglin said in a statement earlier this week, “As we have said to day 1, it will not be the M13-GANG member and human smuggler … again on the US roads,”
The lawyers of Abrego Garcia have strongly rejected the government’s allegations, including claims that he was from MS -13. Earlier this week, his lawyer A proposal to dismiss The allegations accused the Trump administration of engaging in “Vindicive and selective prosecution”.
His lawyers wrote on Tuesday that “the only possible explanation for the time of allegations here is that the government has chosen to punish Mr. Abrego for using this prosecution, which was to exercise his right to challenge the violation of the fixed process, which led to his unconstitutional exile, indecency and torture in L Salavador.”
Melissa Quinn and Jacob Rosen contributed to the report.
