The Department of Justice has filed an appeal to pause a judge's order to release Kilmar Abrego Garcia, going against the Trump administration's wishes to let him go.
In the last-minute effort to pause Judge Barbara Holmes' order to release Abrego from federal custody, the DOJ is, in-effect, arguing against the Trump administration.
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WATCH HERE“The United States respectfully submits that the public interest lies in a resolution of not only whether the analysis of the Magistrate Judge is sound but also in a resolution of the case itself,” the appeal stated. “It is worth this Court staying the release order for a period of weeks to grant the public a greater chance of that evidence-based, meaningful resolution of these charges.”
The DOJ argued if he’s released, they’re concerned he’ll be deported by “another agency,” as in Immigration and Customs Enforcement. If this were to happen, Abrego would not be able to face his charges.
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SIGN UP “Should the Defendant be deported by another agency following what they believe to be relevant federal law and agency guidance, the public would be deprived of a resolution of the charges,” said the DOJ in the court document filed on Sunday. “A meaningful resolution of these charges based on the evidence is important to the public at large.”
Abrego is pending trial on human smuggling charges after being mistakenly deported to El Salvador in March. He has pleaded not guilty to all charges.
The Trump administration admitted to having mistakenly deported Abrego in March, and the Supreme Court ordered it to facilitate his return.
Abrego was returned to the U.S. in June.
“Abrego, like every person arrested on federal criminal charges, is entitled to a full and fair determination of whether he must remain in federal custody pending trial,” Holmes wrote in her court opinion Sunday. “The Court will give Abrego the due process that he is guaranteed.”
Holmes set a hearing for Wednesday to discuss the terms of Abrego Garcia’s release and ordered that federal authorities ensure he is in court.
The judge noted ICE would likely detain him once he’s released because he is alleged to be in the U.S. illegally.
"Either Abrego will remain in the custody of the Attorney General or her designee pending trial if detained under the Bail Reform Act or he will likely remain in U.S. Immigration and Customs Enforcement ('ICE') custody subject to anticipated removal proceedings that are outside the jurisdiction of this Court," Holmes wrote in her decision.
The judge, in her memorandum opinion, has already determined the conditions that will secure the safety of the community and reduce the risk of Abrego not appearing in court.
