"Today, Kilmar Abrego Garcia is free," his attorney said.
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Alleged MS-13 gang member Kilmar Abrego Garcia was released from custody in Tennessee on Friday, according to his attorney. "Today, Kilmar Abrego Garcia is free," his attorney, Sean Hecker, told reporters at WUSA9. Abrego Garcia was previously deported to El Salvador after being identified as a member of MS-13 by the Trump administration.
After the judge released Abrego Garcia, the Department of Homeland Security notified his attorneys that ICE could deport him "to Uganda no earlier than 72 hours from now." Abrego Garcia has also been ordered to report to ICE's Baltimore on Monday.
"He is presently en route to his family in Maryland," the lawyer said, and then claimed that the alleged gang member was "unlawfully arrested and deported, and then imprisoned, all because of the government’s vindictive attack on a man who had the courage to fight back against the Administration’s continuing assault on the rule of law. He is grateful that his access to American courts has provided meaningful due process."
However, the release of the alleged gang member may not last, as ICE officials have said that the agency will quickly arrest him and being the deportation process after he is no longer in custody of the US Marshals, the outlet reported.
Abrego Garcia was deported alongside other gang members to El Salvador earlier this year, however a media storm surrounded his particular case after a sympathetic Atlantic report, characterizing him as a "Maryland dad" who had been wrongfully deported.
After a number of legal fights, Abrego Garcia was returned to the US on human trafficking charge connected to a traffic stop where police suspected him of human trafficking.
After returning to the US, he was then detained in a Tennessee prison after being indicted on the human smuggling charges.
According to court filings, the illegal immigrant's lawyers hired a firm that had "experience providing court-approved pre-trial transportation and security services in criminal cases" to bring him back to Maryland after he was released in Tennessee.
US District Judge Paula Xinis in Maryland ordered that upon release, ICE had to provide 72 hours of notice before starting efforts to remove the alleged gang member from the country.
US District Judge Waverly Crenshaw of the Middle District of Tennessee upheld his release last month and argued in his ruling that there was not sufficient evidence to say that Abrego Garcia is a member of MS-13.
“There is no evidence before the Court that Abrego: has markings or tattoos showing gang affiliation; has working relationships with known MS-13 members; ever told any of the witnesses that he is a MS-13 member; or has ever been affiliated with any sort of gang activity… Based on the record before it, for the Court to find that Abrego is member of or in affiliation with MS-13, it would have to make so many inferences from the Government’s proffered evidence in its favor that such conclusion would border on fanciful,” Crenshaw said.
This is despite two previous judges coming to the conclusion that he is a member of the gang. Additionally, Abrego Garcia's wife, who has filed reports against him for alleged abuse, posted photos to social media with tattoos on his hands specifically covered up. Many have said that the tattoos—a marijuana leaf, a smile with X eyes, a cross, as well as a skull—are associated with MS-13.
DHS Secretary Kristi Noem told The Post Millennial, "Activist liberal judges have attempted to obstruct our law enforcement every step of the way in removing the worst of the worst criminal illegal aliens from our country. Today, we reached a new low with this publicity hungry Maryland judge mandating this illegal alien who is a MS-13 gang member, human trafficker, serial domestic abuser, and child predator be allowed free."
"By ordering this monster loose on America’s streets, this judge has shown a complete disregard for the safety of the American people. We will not stop fighting till this Salvadoran man faces justice and is OUT of our country," she added.
After the judge released Abrego Garcia, the Department of Homeland Security notified his attorneys that ICE could deport him "to Uganda no earlier than 72 hours from now." Abrego Garcia has also been ordered to report to ICE's Baltimore on Monday.
"He is presently en route to his family in Maryland," the lawyer said, and then claimed that the alleged gang member was "unlawfully arrested and deported, and then imprisoned, all because of the government’s vindictive attack on a man who had the courage to fight back against the Administration’s continuing assault on the rule of law. He is grateful that his access to American courts has provided meaningful due process."
However, the release of the alleged gang member may not last, as ICE officials have said that the agency will quickly arrest him and being the deportation process after he is no longer in custody of the US Marshals, the outlet reported.
Abrego Garcia was deported alongside other gang members to El Salvador earlier this year, however a media storm surrounded his particular case after a sympathetic Atlantic report, characterizing him as a "Maryland dad" who had been wrongfully deported.
After a number of legal fights, Abrego Garcia was returned to the US on human trafficking charge connected to a traffic stop where police suspected him of human trafficking.
After returning to the US, he was then detained in a Tennessee prison after being indicted on the human smuggling charges.
According to court filings, the illegal immigrant's lawyers hired a firm that had "experience providing court-approved pre-trial transportation and security services in criminal cases" to bring him back to Maryland after he was released in Tennessee.
US District Judge Paula Xinis in Maryland ordered that upon release, ICE had to provide 72 hours of notice before starting efforts to remove the alleged gang member from the country.
US District Judge Waverly Crenshaw of the Middle District of Tennessee upheld his release last month and argued in his ruling that there was not sufficient evidence to say that Abrego Garcia is a member of MS-13.
“There is no evidence before the Court that Abrego: has markings or tattoos showing gang affiliation; has working relationships with known MS-13 members; ever told any of the witnesses that he is a MS-13 member; or has ever been affiliated with any sort of gang activity… Based on the record before it, for the Court to find that Abrego is member of or in affiliation with MS-13, it would have to make so many inferences from the Government’s proffered evidence in its favor that such conclusion would border on fanciful,” Crenshaw said.
This is despite two previous judges coming to the conclusion that he is a member of the gang. Additionally, Abrego Garcia's wife, who has filed reports against him for alleged abuse, posted photos to social media with tattoos on his hands specifically covered up. Many have said that the tattoos—a marijuana leaf, a smile with X eyes, a cross, as well as a skull—are associated with MS-13.
DHS Secretary Kristi Noem told The Post Millennial, "Activist liberal judges have attempted to obstruct our law enforcement every step of the way in removing the worst of the worst criminal illegal aliens from our country. Today, we reached a new low with this publicity hungry Maryland judge mandating this illegal alien who is a MS-13 gang member, human trafficker, serial domestic abuser, and child predator be allowed free."
"By ordering this monster loose on America’s streets, this judge has shown a complete disregard for the safety of the American people. We will not stop fighting till this Salvadoran man faces justice and is OUT of our country," she added.
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