Feb 17 • 19:55 UTC 🇺🇸 USA Fox News

Judge orders migrant deported in 'error' free from ICE custody with criminal case looming

A federal judge has ruled that an Salvadoran migrant, Kilmar Abrego Garcia, should not be re-arrested by ICE, allowing him to attend an upcoming hearing in Nashville regarding his criminal case.

A federal judge recently issued a ruling that prevents the Trump administration from re-arresting Salvadoran migrant Kilmar Abrego Garcia, who is currently facing a separate criminal case. U.S. District Judge Paula Xinis transformed a temporary emergency order into a more permanent injunction, stating that there was insufficient evidence to support the administration's claims that they would successfully deport Garcia to another country in the near future. This decision reflects ongoing legal tensions surrounding immigration enforcement under the previous administration.

Judge Xinis criticized the administration's previous attempts to coordinate Garcia's deportation, suggesting that they have made numerous hollow threats without establishing any substantive plans. The ruling highlights the complexities of immigration law, particularly as it intersects with the criminal justice system, emphasizing the need for due process even in cases involving undocumented immigrants.

As Garcia prepares for a critical court appearance in Nashville, this decision has significant implications for his ability to defend himself legally. The case raises important questions about the treatment of migrants in the U.S. and the policies surrounding their deportation, particularly for those who are navigating both immigration and criminal legal landscapes.

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