A US federal judge on Wednesday ordered the release of Kilmar Abrego Garcia, the Salvadoran national who was mistakenly deported to El Salvador by the Donald Trump administration in March, in a case which made global headlines.
However, Abrego Garcia, who was brought back earlier this month to face federal criminal charges in two counts of alleged human smuggling, will spend at least a few more days in jail, while attorneys spar over whether prosecutors have the power to prevent him from being deported again.
Ordering a conditional release of the 29-year-old, federal judge Barbara Holmes admitted that once released, he would land in the custody of the Immigration and Customs Enforcement (ICE) - an argument his legal team repeatedly made during the hearing.
"I have no reservations about my ability to direct the local US attorney’s office. (However) I don’t think I have any authority over ICE," news agency AP quoted Holmes as saying.
The judge, who previously ruled that Abrego Garcia has a right to be freed, did not say when she would file the release order for Abrego Garcia, but it will not happen before Friday afternoon.
Meanwhile, federal prosecutors tried to stay Holmes’ release ruling. But it was denied by another federal judge, who wrote that the government was asking the court to “save it from itself” in a situation that was “completely of its own making.”
The human trafficking charges against Abrego Garcia stem from a 2022 traffic stop for speeding in Tennessee. During the incident, the Salvadoran national was found driving a vehicle with nine passengers.
However, Abrego Garcia, who was brought back earlier this month to face federal criminal charges in two counts of alleged human smuggling, will spend at least a few more days in jail, while attorneys spar over whether prosecutors have the power to prevent him from being deported again.
Ordering a conditional release of the 29-year-old, federal judge Barbara Holmes admitted that once released, he would land in the custody of the Immigration and Customs Enforcement (ICE) - an argument his legal team repeatedly made during the hearing.
"I have no reservations about my ability to direct the local US attorney’s office. (However) I don’t think I have any authority over ICE," news agency AP quoted Holmes as saying.
The judge, who previously ruled that Abrego Garcia has a right to be freed, did not say when she would file the release order for Abrego Garcia, but it will not happen before Friday afternoon.
Meanwhile, federal prosecutors tried to stay Holmes’ release ruling. But it was denied by another federal judge, who wrote that the government was asking the court to “save it from itself” in a situation that was “completely of its own making.”
The human trafficking charges against Abrego Garcia stem from a 2022 traffic stop for speeding in Tennessee. During the incident, the Salvadoran national was found driving a vehicle with nine passengers.
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