Abrego Garcia, Kilmar Armando

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    Judge Orders Abrego Garcia Released on Smuggling Charges Before Trial

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    The order to release Kilmar Armando Abrego Garcia from criminal custody as he awaits trial was a rebuke to the Trump administration. But he is likely to remain in immigration custody.In a sharp rebuke to the Justice Department, a federal judge said on Sunday that Kilmar Armando Abrego Garcia should be freed from criminal custody as he awaits trial on smuggling charges after his wrongful deportation to El Salvador and return to the United States.In a scathing order, the judge, Barbara D. Holmes, ruled that Mr. Abrego Garcia was neither a flight risk nor a danger to the community. The decision undermined repeated claims by President Trump and some of his top aides who have described the Salvadoran immigrant as a violent gang member, even a terrorist.But the decision by Judge Holmes, filed in Federal District Court in Nashville, was likely to be a short-lived victory for Mr. Abrego Garcia and his defense team. The judge acknowledged that he would probably remain in the custody of immigration officials, as his charges of smuggling undocumented immigrants across the United States moved through the courts.Judge Holmes’s ruling was the first judicial evaluation of the charges filed against Mr. Abrego Garcia since he was suddenly brought back to U.S. soil last month after prosecutors indicted him in Nashville. The decision to get him out of Salvadoran custody came as the Justice Department was under mounting pressure in a separate civil case. The judge in that case has threatened to hold administration officials in contempt for their serial evasions and delays in complying with her order to free him from El Salvador.Federal prosecutors immediately asked Judge Holmes to put the decision to free Mr. Abrego Garcia on hold, even as his lawyers hailed it.“We are pleased by the court’s thoughtful analysis and its express recognition that Mr. Abrego Garcia is entitled both to due process and the presumption of innocence, both of which our government has worked quite hard to deny him,” Sean Hecker, one of the defense lawyers, said.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Defense Lawyers for Kilmar Abrego Garcia Ask Judge to Release Him Pretrial

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      The request came as lawyers in Kilmar Armando Abrego Garcia’s separate civil case were poised to ask a different judge to hold the Trump administration in contempt for sidestepping one of her orders.Defense lawyers for Kilmar Armando Abrego Garcia, the Salvadoran immigrant who was recently brought back to the United States to face a federal indictment after being wrongfully deported to a prison in El Salvador, said in court papers on Wednesday that he should remain free from custody as he awaits trial.The papers, filed in Federal District Court in Nashville, amounted to the opening salvo of efforts by the defense lawyers to challenge the charges that were filed last week against Mr. Abrego Garcia.“With no legal process whatsoever, the United States government illegally detained and deported Kilmar Abrego Garcia and shipped him to the Center for Terrorism Confinement (CECOT) in El Salvador, one of the most violent, inhumane prisons in the world,” the lawyers wrote.“The government now asks this court to detain him further,” they went on, asking Judge Waverly D. Crenshaw Jr., who is handling the criminal case, to deny the request. Judge Crenshaw is set to hold a hearing on Friday to arraign Mr. Abrego Garcia and to hear arguments about whether to detain him before the trial.Mr. Abrego Garcia, a metalworker who was living in Maryland when he was arrested on March 12 and summarily deported three days later to El Salvador, had for weeks been trying through lawyers representing him in a separate civil case to enforce a court order instructing the Trump administration to take active measures toward securing his freedom.But after the administration repeatedly sought to sidestep and delay complying with that order, the Justice Department abruptly changed course. Top department officials announced on Friday that Mr. Abrego Garcia had been brought back to the United States to stand trial on charges of taking part in a yearslong conspiracy to smuggle thousands of undocumented immigrants across the country as a member of the violent street gang MS-13.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Abrego Garcia Charges: What We Know

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      Three months after being wrongly deported to El Salvador, Kilmar Armando Abrego Garcia was flown back to the United States on Friday to face federal charges.Kilmar Armando Abrego Garcia, the man who was erroneously deported to a prison in El Salvador earlier this year, was flown back to the United States on Friday to face charges related to transporting undocumented migrants.For months, the Trump administration had resisted court orders instructing officials to bring back Mr. Abrego Garcia, who had been living in Maryland and had a special court order forbidding his deportation to El Salvador.The fight thrust Mr. Abrego Garcia into the national spotlight, and he became the face of the political and legal turmoil surrounding President Trump’s crackdown on immigration.Mr. Abrego Garcia appeared in federal court in Nashville on Friday evening. He was detained and is expected to return to court on June 13.Here’s what we know.What are the charges?In court papers seeking his pretrial detention, prosecutors said Mr. Abrego Garcia had played “a significant role” in smuggling immigrants, including unaccompanied minors. A federal indictment unsealed on Friday also accused him of transporting firearms and narcotics purchased in Texas for resale in Maryland.He appeared in Federal District Court in Nashville on Friday wearing a short-sleeved, white, button-down shirt, The Associated Press reported. Through an interpreter, he said he understood the charges.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Return of Abrego Garcia Raises Questions About Trump’s Views of Justice

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      For the nearly three months before the Justice Department secured an indictment against the man, it had repeatedly flouted a series of court orders to “facilitate” his release from El Salvador.When Attorney General Pam Bondi announced on Friday that Kilmar Armando Abrego Garcia had been returned to the United States to face criminal charges after being wrongfully deported to a prison in El Salvador, she sought to portray the move as the White House dutifully upholding the rule of law.“This,” she said, “is what American justice looks like.”Her assertion, however, failed to grapple with the fact that for the nearly three months before the Justice Department secured an indictment against Mr. Abrego Garcia, it had repeatedly flouted a series of court orders — including one from the Supreme Court — to “facilitate” his release.While the indictment filed against Mr. Abrego Garcia contained serious allegations, accusing him of taking part in a conspiracy to smuggle undocumented immigrants as a member of the street gang MS-13, it had no bearing on the issues that have sat at the heart of the case since his summary expulsion in March.Those were whether Mr. Abrego Garcia had received due process when he was plucked off the streets without a warrant and expelled days later to a prison in El Salvador, in what even Trump officials have repeatedly admitted was an error. And, moreover, whether administration officials should be held in contempt for repeatedly stonewalling a judge’s effort to get to the bottom of their actions.Well before Mr. Abrego Garcia’s family filed a lawsuit seeking to force the White House to release him from El Salvador, administration officials had tried all means at their disposal to keep him overseas as they figured out a solution to the problem they had created, The New York Times found in a recent investigation.Cesar Ábrego García, left, and Cecilia García, center, the brother and mother of Kilmar Armando Abrego Garcia, participated in a press conference with Senator Chris Van Hollen, Democrat of Maryland, following his trip to El Salvador.Allison Bailey for The New York TimesWe are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Federal Courts Buck Trump Deportation Schemes, Focusing on Due Process Rights

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      The Trump administration’s aggressive push to deport migrants has run up against resistance from the judiciary.If there has been a common theme in the federal courts’ response to the fallout from President Trump’s aggressive deportation policies, it is that the White House cannot rush headlong into expelling people by sidestepping the fundamental principle of due process.In case after case, a legal bottom line is emerging: Immigrants should at least be given the opportunity to challenge their deportations, especially as Trump officials have claimed novel and extraordinary powers to remove them.The latest and clearest expression of that view came on Friday evening, when the Supreme Court chided the Trump administration for seeking to provide only a day’s warning to a group of Venezuelan immigrants in Texas it had been trying to deport under the expansive powers of an 18th-century wartime law.“Notice roughly 24 hours before removal, devoid of information about how to exercise due process rights to contest that removal,” the justices wrote, “surely does not pass muster.”While many questions remain to be answered about Mr. Trump’s deportation plans, many legal scholars have hailed courts’ support of due process. At the same time, they have also expressed concern that such support was needed in the first place.“It’s great that courts are standing up for one of the most basic principles that underlie our constitutional order — that ‘persons’ (not ‘citizens’) are entitled to due process before being deprived of life, liberty, or property,” Michael Klarman, a professor at Harvard Law School, wrote in an email. “It would be even better if the administration would simply cease violating such principles.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Federal Judge Casts Doubt on Trump Arguments in Venezuelan Migrants Case

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      The judge pressed a lawyer for the Justice Department on the government’s role and responsibilities in the men’s deportation and incarceration in El Salvador.A federal judge on Wednesday night expressed skepticism about the Trump administration’s reasons to avoid seeking the return of scores of Venezuelan immigrants who had been expelled to El Salvador in March, saying he was inclined to order officials to provide more information on the arrangement between the American and Salvadoran governments.The questions raised by the judge, James E. Boasberg, came at a hearing in Federal District Court in Washington, where lawyers for the deported men claimed that because the administration had sent them to a prison in El Salvador under an apparent agreement with the Salvadoran government, it should be responsible for facilitating their return to U.S. soil.Over the past several weeks, lawyers for the American Civil Liberties Union have secured orders from judges in several courts across the country stopping the Trump administration from using the Alien Enemies Act, an 18th-century wartime law, to summarily deport Venezuelans accused of being gang members to a terrorism prison in El Salvador.But at least so far, the lawyers have not been able to protect about 140 Venezuelan migrants who are already in Salvadoran custody after the United States sent them on charter flights under the act on March 15.The hearing in Washington on Wednesday night was held in part to debate two crucial issues: what role the Trump administration played in having the men detained in the Salvadoran prison in the first place, and whether officials could be held accountable for bringing them back to the United States.In seeking to answer the first of those questions, Judge Boasberg pressed a Justice Department lawyer about a recent statement by President Trump concerning Kilmar Armando Abrego Garcia, a Salvadoran man who was wrongfully expelled to El Salvador in the same set of flights as the Venezuelan migrants.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Behind Trump’s Deal to Deport Venezuelans to El Salvador’s Most Feared Prison

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      As they addressed reporters inside the Oval Office in mid-April, President Trump and his Salvadoran counterpart appeared to be operating in lock step.The United States had just deported more than 200 migrants to a maximum-security prison in El Salvador, and President Nayib Bukele said his country was eager to take more. He scoffed at a question from a reporter about whether he would release one of the men who a federal judge said had been mistakenly deported.“I mean, we’re not very fond of releasing terrorists into our country,” Mr. Bukele said.But weeks earlier, when the three planes of deportees landed, it was the Salvadoran president who had quietly expressed concerns.As part of the agreement with the Trump administration, Mr. Bukele had agreed to house only what he called “convicted criminals” in the prison. However, many of the Venezuelan men labeled gang members and terrorists by the U.S. government had not been tried in court.Mr. Bukele wanted assurances from the United States that each of those locked up in the prison were members of Tren de Aragua, the transnational gang with roots in Venezuela, according to people familiar with the situation and documents obtained by The New York Times.The matter was urgent, a senior U.S. official warned his colleagues shortly after the deportations, kicking off a scramble to get the Salvadorans whatever evidence they could.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Trump Says He Could Free Abrego Garcia From El Salvador, but Won’t

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      Trump’s comments undermined previous statements by his top aides and were a blunt sign of his administration’s intention to double down and defy the courts.President Trump, whose administration has insisted it could not bring Kilmar Armando Abrego Garcia back from El Salvador to the United States, said he does have the ability to help return the wrongly deported Maryland man, but is not willing to do so because he believes he is a gang member.“You could get him back, there’s a phone on this desk,” said Terry Moran, an ABC News correspondent, noting a Supreme Court order to “facilitate” the release of Mr. Abrego Garcia.“I could,” Mr. Trump replied.Mr. Moran said Mr. Trump could call Mr. Bukele and get Mr. Abrego Garcia back immediately.“And if he were the gentleman that you say he is, I would do that,” Mr. Trump said. “But he is not.” Mr. Trump added that government lawyers do not want to help bring Mr. Abrego Garcia back to the United States.Mr. Trump’s comments not only undermined previous statements by his top aides, but were a blunt sign of his administration’s intention to double down and defy the courts. Before the interview with ABC News, the administration had dug in on its refusal to heed the Supreme Court order to help return Mr. Abrego Garcia, who is a Salvadoran migrant. Trump officials have said that because he was now in a Salvadoran prison, it was up the Salvadoran government to release him.The Justice Department has argued that it can respond to the Supreme Court’s demand that the administration “facilitate” Mr. Abrego Garcia’s release by doing little more than letting him enter if he manages to present himself at a port of entry.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More