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On Thursday, the US Judge ordered the immediate extradition of Kilmar Árego García – the illegal extradition was President Donald Trump’s immigration restriction – ruling that the government never received a legal order for his removal from his country.
The order from US District Judge Paula Xinis means that Árego García will be allowed to temporarily return to his home in Maryland despite repeated declarations that he will not be freed in the US
The saga began in March when Árego García was unjustly released from prison in El Salvador and returned to the US in June to face human trafficking charges.
His case has become a symbol of the Trump Administration’s crackdown on immigration, with Trump officials portraying the ábrego as a public safety risk.
Critics blame the administration of legal rights for its failure to deport millions living illegally in the United States.
White house vows to attract
Ábrego García, 30, has been held in immigration detention since August, when immigration authorities arrested him shortly after he was released from custody on his criminal record. The order calls for his immediate removal from the immigration and customs detention center (Ice) in Pennsylvania.
White House spokeswoman Caroline Leavett told reporters the Trump administration could have appealed the decision.
“The administration is opposed to this rash of judges acting as judicial activists, which we have unfortunately seen in many cases across the country,” Levift said during a press briefing.
Kilmar Abrego Garcia, who was deported to El Salvador as a Freshpoint in the Trump Administrations was appointed, is being returned to the United States to be sent back to the United States to deal with illegal immigrants. Photo credit: Arego Garcia Family
Árego García’s lawyer praised the decision as “supporting due process and the rule of law.”
“Today’s decision grants the release of Mr. Alego Garcia to win not only one baptized person but everyone,” said ábrego García’s lawyer, said in a statement. “
Xinis, an appointee of Democratic President Barack Obama, found that Árego García was entitled to release in part because an immigration judge did not issue a formal deportation order in 2019, when the same judge ordered his deportation from El Salvador because of gang prosecutions.
Xinis wrote that without an official order, the Trump administration “there is no official law to arrest and remove “Ábrego García, therefore, his continued detention must.”
US is trying to get deported again
This decision is the official defeat of ábrego García in his battles with the Trump Administration.
The US Supreme Court previously ordered the government to assist his return to El Salvador and the Tenteral judges in Tennessee rejected requests to keep him in custody.
Árego García’s lawyers asked that Xinis order him removed from immigration detention, arguing that his ongoing trafficking was designed to punish him rather than punish him.
Trump Administration lawyers say they can be legally detained for at least six months while awaiting removal. They have maintained that the 2019 decision from the immigration judge indicated that ábrego García was eligible for deportation and should be considered a legal deportation order.
The Trump administration is still trying to discuss ábrego García for the second time, cycling through several African nations as possible destinations before Libya agreed to accept him on a temporary basis.
Three days after being released from custody, Kilmar Arego Garcia, a Salvadoran immigrant who has become the freshpoint of the crackdown on immigration in the US, was arrested again with the discovery of immigration and forced people to face charges of human trafficking and deportation to Uganda.
Árego García’s lawyers said he would agree to be deported to Costa Rica, a Spanish-speaking country in Central America that had agreed to grant him refugee status. The Trump administration did not say why it would not agree to go to Costa Rica, only finding the need for further negotiations.
Ábrego García, an abandoned steel worker who entered the US illegally, lived in Maryland with his wife and children until he was sent to Salvadoran Mega – a prison known for its harsh conditions.
Ábrego García also pleaded guilty to charges that he allegedly helped in the transportation of illegal immigrants that Ábrego García retaliated against his deportation.
He will remain subject to conditional discharge ordered as part of his criminal case, which includes house arrest and electronic monitoring.
