A federal Tennessee judge on Wednesday ordered the Trump administration to release Salvadoran migrant Kilmar Abrego Garcia from federal custody and place him under home detention pending his upcoming criminal trial.
The order is a bit tricky because of the possibility that United States Immigration and Customs Enforcement (ICE) officers could take him into custody if he is released. U.S. Magistrate Judge Barbara Holmes admitted she did not have the authority to tell ICE where to detain someone during pretrial.
Holmes on Sunday stated that the Justice Department failed to prove its case earlier this month that Abrego Garcia was a serious flight risk, or that he could obstruct justice if released.
“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 said, per Fox News. “The Court will give Abrego the due process that he is guaranteed.”
Holmes ordered Abrego Garcia to be placed under home detention, and ruled he must undergo anger management counseling, location monitoring, drug testing and have no contact with MS-13 gang members, according to USA Today.
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Author: Faith Novak
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