A Tennessee judge has ordered the release of Kilmar Abrego Garcia as he awaits a federal trial for his alleged crimes after the Trump administration rescinded his deportation to El Salvador.
The Justice Department filed a motion to appeal U.S. Magistrate Judge Barbara Holmes’ ruling the government failed to prove Abrego was a flight risk and that he posed a threat to society while awaiting trial, per The Hill:
Holmes acknowledged in her ruling Sunday that determining whether Abrego Garcia should be released is “little more than an academic exercise” because ICE will likely detain him. But the judge wrote that everyone is entitled to the presumption of innocence and “a full and fair determination of whether he must remain in federal custody pending trial.”
“Overall, the Court cannot find from the evidence presented that Abrego’s release clearly and convincingly poses an irremediable danger to other persons or to the community,” the judge wrote.
Immigration and Customs Enforcement (ICE) will likely detain Garcia, a Salvadorian national, upon his release. In fact, during a detention hearing on June 13, prosecutors said that ICE could take him into custody and deport him.
“The government could deport him to a third country, but immigration officials would first be required to show that third country was willing to keep him and not simply deport him back to El Salvador,” reported CBS News.
“The smuggling charges stem from a 2022 traffic stop for speeding in Tennessee during which Abrego Garcia was driving a vehicle with nine passengers,” it added. “Although officers suspected possible smuggling, he was allowed to go on his way with only a warning.”
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