Judge Orders Kilmar Abrego Garcia’s ‘Immediate Release’ From ICE Custody Months After His Return From El Salvador
In a significant ruling, District Court Judge Paula Xinis has determined that Abrego Garcia, a Salvadoran national, was unlawfully re-detained by U.S. Immigration and Customs Enforcement (ICE) after his return from El Salvador. This decision highlights ongoing concerns regarding the legal practices surrounding immigration enforcement and the rights of individuals in the U.S. judicial system. Judge Xinis’s ruling came after Garcia, who had previously been granted Temporary Protected Status (TPS), faced re-detention upon his arrival back in the United States, raising questions about ICE’s authority and the protocols followed in such cases.
The court’s decision underscores the complexities of immigration law, particularly the treatment of individuals who have been granted TPS, a status that protects eligible nationals from certain countries experiencing ongoing conflict or natural disasters. In Garcia’s case, his re-detention was deemed unlawful, as Judge Xinis stated that ICE acted without proper legal authority. This ruling not only impacts Garcia’s immediate situation but also sets a precedent for others in similar circumstances, potentially reshaping how ICE conducts operations upon the return of TPS holders and other immigrants. The case serves as a reminder of the broader implications of immigration policies and the need for accountability within enforcement agencies, particularly as debates surrounding immigration reform continue to unfold across the nation.
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District Court Judge Paula Xinis ruled that Abrego Garcia was “re-detained” by ICE “without lawful authority” after his return from El Salvador.