Kilmar Abrego Garcia, who was mistakenly deported, was ordered by U.S. District Judge Waverly Crenshaw to be released while awaiting trial. However, Immigration and Customs Enforcement plans to deport him regardless of the criminal proceedings. Judge Crenshaw emphasized the Executive Branch's control over Garcia's status. Judge Barbara Holmes previously ruled he should be released on bail, rejecting the government's claim of a danger to the community or flight risk. Garcia's case highlights concerns over due process amid aggressive deportation policies and legal battles surrounding his return to the U.S.
Judge Waverly Crenshaw stated, "The Executive Branch is in control of where Defendant Kilmar Armando Abrego Garcia awaits trial in this case, because the Executive Branch can elect whether to hold him for pending deportation proceedings or not."
U.S. Magistrate Judge Barbara Holmes argued that the government failed to demonstrate any grounds for Garcia's detention, noting that he does not pose an irremediable danger nor is he likely to flee.
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