A federal judge in Nashville has refused a request from the Trump administration to detain Kilmar Ábrego García, a Maryland resident who was illegally deported to a prison in El Salvador earlier this year. The judge’s decision comes as the government seeks to pursue federal criminal charges that were filed against Ábrego before he was returned to the United States on June 6.
U.S. Magistrate Judge Barbara Holmes noted that the government failed to demonstrate that Ábrego, 29, posed a flight risk or a threat to the community. She criticized the allegations against him regarding gang activity and human trafficking, labeling them as lacking credibility and rooted in unreliable testimony. This ruling adds to the scrutiny of Trump’s mass deportation policies, which have faced rebukes from various legal entities, including the Supreme Court. However, despite this victory for Ábrego, it is unclear how soon his release might occur, as the government has already filed an appeal.
In a related case, Mahmoud Khalil, a pro-Palestinian activist and former Columbia University student, has been released from over three months of detention in Louisiana. A New Jersey district judge granted his bail, stating that the government failed to provide valid reasons for his continued detention. Khalil, who spent 104 days behind bars, was the first noncitizen activist arrested under the previous administration and has not faced any criminal charges.
Looking ahead, a hearing has been scheduled for Wednesday to discuss the conditions for Ábrego’s release. However, the government’s intention to appeal and the potential for Immigration and Customs Enforcement (ICE) to attempt further deportation add uncertainty to the future of both men.
The developments in these cases reflect ongoing tensions and legal challenges surrounding immigration policies and actions taken against activists, indicating a complex landscape for those involved. The hope remains that legal interventions will lead to fairer treatment for immigrants in similar situations.