Once again, the American judicial system proves just how far it will bend over backward for illegal immigrants, while law-abiding citizens are left scratching their heads, wondering whose side the courts are actually on. On Wednesday, illegal immigrant Kilmar Abrego Garcia, the suspected gang member, human trafficker, and domestic abuser, was ordered released from criminal custody in Tennessee.
Luckily, he won’t be having margaritas with Sen. Van Hollen anytime soon because that order has since been paused for thirty days.
Magistrate Judge Barbara Holmes in the Middle District of Tennessee ordered Abrego’s release from federal custody paused for 30 days, or until further court order.
“Abrego shall therefore remain in the custody of the United States Marshal pending further order,” she wrote.
The pause, which was asked for by both parties, will allow the government the opportunity to appeal, and Abrego’s legal team the chance to seek further relief.
It followed back-to-back rulings from U.S. District Judge Waverly Crenshaw in Nashville, Tennessee, and Judge Paula Xinis in Maryland that ordered Abrego's release and blocked his detention by immigration authorities in Tennessee.
Judge Crenshaw had denied the Trump administration’s request to block Abrego’s release, ruling that the government “fails to provide any evidence that there is something in Abrego’s history, or his exhibited characteristics, that warrants detention.”
“The pieces of evidence the Government cites to, taken alone or together, warrant a finding that Abrego is, at best, a low risk of nonappearance,” Crenshaw wrote. He also agreed with the defense that the charges against Abrego do not fall within the categories of crimes that Congress has explicitly deemed grounds for presumed detention.
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Just minutes later, Judge Xinis issued a separate order barring the government from transferring Abrego into immigration custody in Tennessee. During recent hearings, Xinis had voiced concern that Abrego would face immediate deportation upon his release from federal custody.
It should come as no surprise that both Judge Crenshaw and Judge Xinis were nominated to their positions by Barack Obama. You can bet that publicity surrounding Abrego Garcia’s case played a role in such insane rulings that literally defy judicial authority.
"He has a lifetime history of trafficking individuals and of taking advantage of minors, soliciting pornography from them, nude photos of them, abusing his wife, abusing other illegals, aliens that were in this country, women that were under his care while he was trafficking them," Homeland Security Secretary Kristi Noem said of Abrego Garcia. "He's a horrible human being and a monster, and he should never be released free."
Judge Crenshaw claimed that the Trump administration failed to prove Abrego posed such a danger that detention was necessary, saying concerns could be addressed through release conditions.
If being a suspected gang member, human trafficker, and domestic abuser isn’t enough to warrant detention, then I don’t know what is.
In response, DHS Assistant Secretary Tricia McLaughlin blasted the decision, calling Abrego an MS-13 member, human trafficker, and illegal alien, and criticized the judge as “unhinged” for attempting to block ICE from making a lawful immigration arrest.
"The facts remain, this MS-13 gang member, human trafficker and illegal alien will never walk America’s streets again," McLaughlin said in a statement. "The fact this unhinged judge is trying to tell ICE they can’t arrest someone who is subject to immigration arrest under federal law is insane."
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