The Trump administration, which deported Abrego Garcia in March despite a judge’s order, applauded the rejection, which was made public late on Wednesday.
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Under Trump’s repeated deportation efforts, Abrego Garcia’s case has become a model for abusers.
After the ruling, the Department of Homeland Security stated in a post on social media platform X that “one thing is certain.”
However, the Baltimore-based immigration judge will have the option of challenging the immigration judge’s decision within 30 days. His attorneys did not immediately make any comments about the most recent order.
Abrego Garcia, a teenager who immigrated to the United States without getting a visa, has lived in Maryland with his wife and kids for several years.
A judge ruled that he was ineligible to apply for asylum after his arrest by immigration authorities in 2019. The judge, however, ruled that Abrego Garcia could not be deported to El Salvador, citing the possibility that he might face harassment there.
Abrego Garcia was one of the hundreds of immigrants who were detained and sent to El Salvador’s Terrorism Confinement (CECOT) in March as part of Trump’s mass deportation initiative, despite the 2019 protection order.
The Trump administration ultimately returned Abrego Garcia to the US in June after receiving a Supreme Court order to “facilitate” his return.
However, due to a 2022 traffic stop in Tennessee, federal authorities arrested him right away and immediately charged him with human trafficking.
The charges have been dismissed by his attorneys as being fabricated and blatantly political.
Abrego Garcia was briefly released in August, but immigration officials detained him days later. He is currently being held in a Pennsylvania detention facility.
In an effort to appeal the judge’s 2019 ruling, immigration authorities have since requested that Abrego Garcia be deported to a third-party nation. Both Eswatini and Uganda, both of which are in Africa, have been suggested as potential destinations.
Abrego Garcia has been repeatedly identified as a member of the MS-13 gang, which the administration has described as a “foreign terrorist organization.” The claim’s supporters, including Abrego Garcia’s attorneys, have provided scant evidence that Trump officials have rejected.
They claim that the administration should be gagged because the lack of supporting evidence could prejudice the jury.
The Trump administration’s hardline approach to deportations, which has increasingly swept up individuals with little to no criminal history and longstanding ties to the US, is under fire from critics.
For instance, Abrego Garcia has never been found guilty of a crime.
The administration has also been accused of eluded by human rights activists and lawyers from the immigration crackdown.
Trump has attempted to use the Alien Enemies Act, an 18th-century wartime law, to quickly expel some people without having to go through legal review, but a federal appeals court in September found his use of the law to be unlawful. The Supreme Court is likely to hear the case.
Source: Aljazeera
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