The judge supervising the affair of a man from Maryland who is wrongly expelled to El Salvador reiterated that the Trump administration should return to the United States
Kilmar Abrego Garcia, as well as hundreds of other deportees from the United States, take place in the El Salvador (CECOC) terrorism confinement center, which the judge of the District Paula Xinis court described as “one of the most notoriously inhuman and dangerous prisons in the world”.
“The police had no mandate for his arrest and no lawful base to place him in police custody; They only told him that his “status had changed”, wrote Xinis in his prescription issued on Friday, which was obtained by Politico.
Abrego Garcia was arrested last month. He came to the United States of Salvador because local gangs were trying to recruit him, threatening both he and his family. He was arrested in Maryland in 2019, but a judge granted him protection against expulsion because he was likely to be targeted. His five -year -old wife and autistic son are both American citizens. Abrego Garcia was reportedly arrested in front of his son.
Even officials of the Ministry of Internal Security admitted to a deposited prior court that Garcia Garcia had been sent to Salvador last month due to an “administrative error”. Despite this, the Ministry of Justice argued that he could not bring back Abrego Garcia to the United States.
Friday, in a press release, the press secretary of the White House, Karoline Leavitt, said: “We suggest that the judge contacted President Bukele.”
As Xinis pointed out, the Ministry of Justice has shown “no evidence” to support its assertion that Abrego Garcia is a member of the Gang MS-13. In addition, she said, by publicly qualifying him as a member of a gang, the government put it at high risk of being targeted because in the context of Cecot cruelty, the establishment “intentionally mixes rival gang members”.
ABREGO GARCIA lawyers said The Atlantic The accusations that he is a member of a gang is false, stressing that police files that the police could not find reliable evidence to link it to MS-13 in 2019. They also noted that Garcia Garcia was not sentenced for any crime or involved with the police at any other.
The obvious lack of evidence against Abrego Garcia did not prevent vice-president JD Vance from spreading disinformation about it. “He was a convicted member of the Gang MS-13 without legal right to be here,” he said.
Xinis has also dismantled the Trump administration’s argument that Garcia Garcia is in Salvador, they are unable to return it to the United States
“Surely, the defendants do not want to suggest that they have erased the substantial and procedural protection of the federal immigration law in one blow by abandoning these individuals in CECOT without recourse,” wrote Xinis.
Xinis stressed that the secretary of internal security, Kristi Noem, recently visited Cecot where she appeared in a bizarre video in front of dozens of incarcerated men held in a large cell. In the video, she called the prison “one of the tools in our toolbox that we will use”.
“Thus, just as in any other contractual establishment, the defendants can and make the power to secure and transport their prisoners, Abrego Garcia has included,” Xinis wrote, using the administration’s own words to undermine his argument.
Xinis also noted that the “legal basis of the administration for the mass withdrawal of hundreds of people in Salvador remains disturbing”. But she pointed out that the case of Abrego Garcia is “categorically different” because “there was no legal reason for his arrest, his detention or her withdrawal”.
“On the contrary, her detention appears entirely without law,” she wrote.
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