Image Credit: DHS
The Tennessee Conservative [By Olivia Lupia] –
On Thursday, a Maryland judge ordered the immediate release of illegal alien and suspected MS-13 gang member Kilmar Abrego Garcia from immigration custody, allowing him to go completely free until he stands trial for human smuggling in Tennessee next year.
Abrego Garcia’s protracted legal battle has spanned over eight months with the Department of Homeland Security (DHS) working to deport the alien while immigrant rights groups fight to keep him free in America. The picture became more complicated after Abrego Garcia’s brief stint in his native El Salvador’s CECOT prison when he sued the U.S. Government over his deportation.
A separate suit by the government charging Abrego Garcia with human smuggling has seemingly put federal prosecutors and immigration authorities at odds as the government has been arguing to keep him in the country to stand trial while ICE has been attempting to initiate deportation proceedings.
After a Nashville judge allowed Abrego Garcia to be released on bail and returned to Maryland ahead of his Tennessee trial, he was again detained by ICE, in whose custody he remained while the agency fights with an Obama-era judicial appointee to remove him from the country permanently.
Now in the latest development, U.S. District Judge Paula Xinis, who is overseeing Abrego Garcia’s case in Maryland against the government for wrongful deportation and detainment, has ordered Abrego Garcia to be fully released from immigration detention at a Pennsylvania facility while he awaits his Tennessee human smuggling trial.
Xinis issued her order Thursday afternoon, saying that “since Abrego Garcia’s wrongful detention in El Salvador, he has been re-detained, again without lawful authority.”
She also noted that the government is prevented from removing Abrego Garcia from the U.S. because there is no removal order against him, for which Xinis is partially responsible as she has continually blocked ICE attempts to secure such orders for several different countries.
“We remain hopeful that this marks a turning point for Mr. Abrego Garcia, who has endured more than anyone should ever have to,” Abrego Garcia’s attorney said. “For now, this is an extraordinary victory for our client and for due process. Our focus is on ensuring Mr. Abrego Garcia’s safe release and his continued access to the protections the law guarantees him.”
DHS Assistant Secretary Tricia McLaughlin responded to the ruling, writing, “This is naked judicial activism by an Obama appointed judge. This order lacks any valid legal basis, and we will continue to fight this tooth and nail in the courts.”
Tennessee Senator Marsha Blackburn said, “This decision cannot stand. It jeopardizes the safety of American citizens.”
This ruling comes on the heels of a different order from the judge overseeing the Nashville case cancelling an evidentiary hearing earlier in the week, replacing it with a sealed hearing that was scheduled to happen Wednesday, Dec. 10. There have not been any updates on that hearing.
About the Author: Olivia Lupia is a political refugee from Colorado who now calls Tennessee home. A proud follower of Christ, she views all political happenings through a Biblical lens and aims to utilize her knowledge and experience to educate and equip others. Olivia is an outspoken conservative who has run for local office, managed campaigns, and been highly involved with state & local GOPs, state legislatures, and other grassroots organizations and movements. Olivia can be reached at olivia@tennesseeconservativenews.com.
