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BREAKING: Federal judge blocks ICE from deporting Kilmar Abrego Garcia upon jail release

A federal judge overseeing his wrongful deportation case blocked the Trump administration from arresting and deporting him after his release from jail.

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A federal judge overseeing his wrongful deportation case blocked the Trump administration from arresting and deporting him after his release from jail.

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Kilmar Abrego Garcia could be released from detention as soon as today after two federal judges issued rulings in his favor.

The Maryland federal judge overseeing Abrego Garcia’s criminal case has ordered his release from jail, stating that prosecutors failed to present “any evidence” justifying his pre-trial detention. The court found that the arguments and history cited by the government did not warrant holding him ahead of trial.

Additionally, another federal judge overseeing his wrongful deportation case blocked the Trump administration from arresting and deporting him after his release from jail. US District Judge Paula Xinis granted a temporary restraining order on Wednesday to prohibit the administration from taking Abrego Garcia into ICE custody for 72 hours after his release. Xinis previously said she would issue the order with sufficient time to block the Trump administration's plans to immediately deport Abrego Garcia upon his release. 

The order stated that the additional time will ensure that Abrego Garcia can raise credible concerns of removal to a third world country through "the appropriate channels in the immigration process." Xinis also ordered the government to provide him with "immediate written notice" of plans to deport him to a third world country, so that Abrego Garcia may assert claims of credible fear or seek any other relief available to him under the law and the Constitution."

Xinis said the order's 72-hour notice period is essential "to prevent a repeat of Abrego Garcia’s unlawful deportation to El Salvador by way of third-country removal."

"Defendants have taken no concrete steps to ensure that any prospective third country would not summarily return Abrego Garcia to El Salvador in an end-run around the very withholding order that offers him uncontroverted protection," she said.

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