
Kilmar Abrego Garcia has been released from federal prison in Tennessee
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Kilmar Abrego Garcia is released from federal custody in Tennessee
Kilmar Abrego Garcia is en route to his family in Maryland, one of his attorneys said. He was mistakenly deported to an El Salvador prison and accused of being a gang member. He has 48 hours to reach his brother’s house in suburban Maryland, where the judge said he’s allowed to live. A criminal jury trial in Tennessee over the human trafficking charges remains set for January. The case has become a central talking point in the Trump administration’s deportation efforts after a monthslong back-and-forth legal saga. The government called the March deportation an “administrative error,” but his lawyers have said that he was illegally in the U.S. when he was 16 and was fleeing gang violence in his home country. He’s pleaded not guilty to both charges.
U.S. Magistrate Judge Barbara Holmes in the Middle District of Tennessee ordered Abrego Garcia’s release from a jail near Nashville, Tennessee, where he had been held since he was freed from El Salvador’s CECOT prison in June.
Abrego Garcia is en route to his family in Maryland, Sean Hecker, one of his attorneys, said.
Abrego Garcia was “unlawfully arrested and deported, and then imprisoned, all because of the government’s vindictive attack on a man who had the courage to fight back against the Administration’s continuing assault on the rule of law,” Hecker said in a statement.
He now has 48 hours to reach his brother’s house in suburban Maryland, where the judge said he’s allowed to live under a series of conditions. He’ll also have to check in with immigration officials at the ICE Baltimore field office.
Abrego Garcia’s attorneys had requested the 30-day pause that prevented their client from walking free last month out of fear that he might be detained by federal Immigration and Customs Enforcement officers upon his release.
Kilmar Abrego Garcia. CASA via AP
That ruling followed two others that aimed to protect Abrego Garcia.
In July, U.S. District Judge Waverly Crenshaw in Nashville sought to release Abrego Garcia. At the time, Crenshaw denied a government motion to block his release, writing that the Trump administration had failed to provide evidence that Abrego Garcia must remain detained or that he is a flight risk.
Also last month, U.S. District Judge Paula Xinis in Maryland ruled that the U.S. government “shall restore Abrego Garcia to his ICE Order of Supervision out of the Baltimore Field Office.”
Xinis said her order to have Abrego Garcia placed under ICE supervision in Maryland, where he was living with his wife and children before he was mistakenly deported in March, is necessary to “provide the kind of effective relief to which a wrongfully removed alien is entitled upon return.”
The July order, which also requires that the government provide 72 hours’ notice if it intends to deport Abrego Garcia to a third country, is “narrowly tailored” to allow the Trump administration to initiate “lawful immigration proceedings” upon Abrego Garcia’s return to Maryland.
Abrego Garcia’s case has become a central talking point in the Trump administration’s deportation efforts after a monthslong back-and-forth legal saga.
His lawyers have said that Abrego Garcia, born in El Salvador, illegally immigrated to the U.S. when he was 16 to join his brother in Maryland out of fear of gang violence in his home country.
He was first deported to CECOT — the notorious mega-prison in El Salvador — in March, in what the government called an “administrative error.”
The deportation directly conflicted with a judge’s 2019 ruling that Abrego Garcia not be deported and came after he was detained by local police and accused of being a member of MS-13, an international crime gang. He was not turned over to ICE in that case, and his family and friends have repeatedly denied his involvement in the group.
Abrego Garcia was returned to the U.S. in June and immediately federally charged with conspiracy to unlawfully transport illegal aliens for financial gain and unlawful transportation of illegal aliens for financial gain in Nashville.
He has pleaded not guilty to both charges. A criminal jury trial in Tennessee over the human trafficking charges remains set for January.
Source: https://www.nbcnews.com/news/us-news/kilmar-abrego-garcia-released-federal-prison-rcna226511