Kilmar Abrego García is almost free. A federal judge of Tennessee has paused the order of another magistrate of the same state who ordered on Wednesday liberation and returned to the United States in June to face a trial for illegal transport of undocumented migrants. Judge Barbara Holmes postponed her release for another 30 days, or until a new court order is issued. The suspension, requested by both parties, will give the Trump government the opportunity to appeal and the immigrant team the possibility of looking for a new resource.
The decision of Holmes arrived only hours after two other federal magistrates ordered the release of Abrego García: Nashville District Judge Waverly D. Crenshaw and Judge Paula Xinis, of Maryland. In his order, Xinis also prohibited the man from being arrested by immigration agents while waiting for his judgment.
The failures of Crenshaw and Xinis on Wednesday mark a turning point in a legal saga that has attracted national attention, pending the events that revolve around the Salvadoran. Abrego García has become a symbol of the injustices committed in the mass deportation campaign of President Donald Trump.
“These failures constitute a forceful reprimand Ay a crucial guarantee for the right to due kilmar process,” said Simon Sandoval-Moshenberg, one of his lawyers, knowing the decisions of Crenshaw and Xinis, which favor the Salvadoran. “After its illegal deportation once without prior notice, this legal protection is essential. We appreciate that the court has recognized that Kilmar’s rights and security are at stake, and that the past actions of the government are a matter of serious concern,” added the lawyer.
In his decision to release him, Judge Crenshaw rejected the motion of the administration that asked to revoke an earlier order of Holmes. The magistrate argued that the government “fails to demonstrate with a preponderance of evidence – and much less with clear and convincing evidence – that Abrego represents such a danger to others or the community [y] that such concerns cannot be mitigated with the conditions of their release. ”
Previously, Judge Holmes had granted freedom to Abrego García, but for the fear that, when released, the customs immigration and control service (ICE) would stop him.
The Department of National Security (DHS), on which the ICE depends, had already announced that, when the detainee was released, the immigration authorities would arrest him again with the intention of deporting it again, this time to a third country, which could be Mexico or South Sudan.
Therefore, Judge Xinis, of Maryland, who follows a civil case for the deportation of the Salvadoran, from ICE to Abrego García after his release. In addition, the magistrate established that the immigration authorities must notify Abrego García’s lawyers their intention to deport him again 72 hours in advance, warning where they would send it. Xinis also ordered his return to Maryland, the state where he lived with his family, as requested by his defense, although that will not be possible for the moment.
Abrego García, 29, was mistakenly deported to El Salvador in March and imprisoned in him along with more than 200 Venezuelan and Salvadoran migrants. The Trump administration accused them without evidence and without prior trial of belonging to the criminal gangs of Aragua and MS-13. The case of Abrego García became famous because the government itself admitted to having deported by an administrative error, since the Salvadoran had since 2019 with a judicial protection that prevented deportation to the Central American country for the aforementioned fear to suffer reprisals by the gangs.
Abrego García left his country at age 16 fleeing the violence of those same groups. In Maryland he worked as a metallurgical worker and resided with his wife, American, and three children.
On June 6, Trump’s government surprised returning to the Salvadoran to American soil. Since his deportation, the Republican had refused to initiate the efforts for his return, despite the fact that Judge Xinis and even ordered him to “facilitate” his return.
The return of Abrego García did not occur, however, to amend the administration error, but to face criminal charges. The government accused the Salvadoran of being a dangerous criminal who trafficked with undocumented migrants and was arrested as soon as he lands in the United States. Since then, he remained in custody in Tennessee, where he waits for his judgment. Abrego García has declared himself innocent of the charges that are charged to him.
“The decisions of the courts provide a certain protection to a family and some peace of mind,” said Ama Frympong, legal director of the Casa Organization, who has maintained a Salvadoran support campaign since he was deported. “We know that this does not eliminate deportation threat, but reaffirms the importance of supervision and accountability in the process. This is not the end of our popular struggle; however, it is a moment of accountability. Our struggle for true justice to Kilmar continues, and let’s be clear: when we fight, we won,” he said.
