Cnn
–
Friday, Kilmar Abrego García was released from the criminal guard in Tennessee, the most recent development of a dramatic legal saga which surrounds the father of three children from Maryland who was wrongly expelled.
This is the first time that he has not been imprisoned since the Trump government expelled him to the center for confinement of terrorism (CECOC), a megaprision in Salvador, in March, then brought it back to the United States to cope with trafficking in people.
Since he was sent back to the United States in June to cope with the two federal positions, ábrego García had been behind the bars of Tennessee, where he managed to convince two federal judges of his release pending trial.
But even when Ábrego García left a prison in Tennessee on Friday afternoon to return to Maryland, where he lived and worked before Trump’s government unfairly deported him to the middle of maturation, his immediate destination in the United States remained uncertain.
Administration officials suggested this summer which would expel him before their criminal trial, which should start in January. This led a federal judge in Maryland to establish guarantees last month to ensure that Ábrego García is no longer precipitated.
Federal prosecutors led an effort of several weeks this summer to keep Ábrego García after the bars while waiting for his trial for the two people’s trafficking stations, which should start in January.
They tried to present him as a dangerous criminal whose supposed crimes and personal history have justified their arrest while the case was developed. But both a magistrate judge in Nashville and the federal judge responsible for his trial categorically rejected these arguments.
“Government’s general statements on crimes attributed to Abrego, and the evidence it has to support these crimes, does not prove the danger of Ábrego,” wrote the American district judge Waverly Crenshaw in a 37 -page decision last month, by rejecting a request from prosecutors to return a similar decision of the judge.
Just after Croww rendered his decision, judge Magistrate Barbara Holmes declared in another decision that Ábrego García would remain after bars at least 30 more days, granting a request not understood to his lawyers to stay in police custody. The lawyers of Abrego García had made the request to ensure that the hasty expulsion procedures were not launched once he had been released from the guard.
The same day that Croww rendered his decision, Maryland’s federal judge who ordered the Trump government to “facilitate” the return of Ábrego García from Cecot to El Salvador rendered his own decision which established guarantees aimed at preventing officials from expelling it without taking into account their rights to the regular procedure.
How and if this decision is respected, it will be observed closely in the coming days.
Administration officials doubted that they would expel ábrego García before the start of his criminal trial in January, and Judge Paula Xinis expressed his concern last month since he could be quickly withdrawn once he was released from the guard in Tennessee.
Their decision prohibits officials from immediately taking to the detention of the US immigration control and customs control (ICE) once he is released from prison and obliges the government to return it to the immigration situation in which he was expelled before being expelled in March.
This includes putting it on supervision of the Ice field office in Baltimore, which was its situation before the middle of March. This supervision allowed him to work and live in Maryland, with occasional files before an immigration agent.
But his decision does not prevent civil servants from deporting him again.
“Once García is restored under the Ice Ice Monitoring Order of the Baltimore Office, defendants can take any measure that the law allows,” wrote the judge. “Although these measures are taken within the limits of the Constitution and the applicable laws, this court will have nothing to say.”
Until early June, Ábrego García was in Salvador, where he had spent time in the megaprision known as Cecot. US officials expelled it into violation of a 2019 ordinance of a judge who said that he could not be expelled to his country of origin because of fear that he will face the violence of the gangs.
The administration spent months fighting the judges’ directives to bring it back to the United States, but finally returned it to the United States in June to cope with the two trafficking positions.
Federal prosecutors have accused Ábrego García and other people of participating in a conspiracy in recent years when “has knowingly transported and illegally transported thousands of undocumented foreigners who had no authorization to be present in the United States, and many of whom were members and associates of the MS-13”.
Ábrego García and his family say that he fled the violence of the gangs in Salvador and denied charges that he is associated with MS-13.
Earlier this week, Ábrego García tried to reject the case according to his declaration that he is the subject of a “vindictive and selective accusation” as a punishment for his decision to challenge his unfair deportation.
In court documents, their lawyers underlined the statements made by several administration officials (President Donald Trump to the Secretary of Justice, Pam Bondi) to affirm that his prosecution intends to justify “the false statements of officials to deport him to El Salvador were right”.
They recognized that such requests “are presented shortly and rarely. But if there has never been a case of dismissal for these reasons, this is this case.”
Croww asked for an answer at the beginning of next month.
