Kilmar Abrego Garcia, a Salvadoran national, remains in detention as his lawyers strategize to prevent a second deportation. This follows a prior mistaken deportation that led to national outcry. Although a judge deemed him eligible for release without bail, concerns arose over whether his release would lead to ICE taking custody, which could undermine his ability to defend against criminal smuggling charges. The government argues that deporting Abrego Garcia would hinder its ongoing criminal case, illustrating a dilemma caused by the executive branch's choices.
If Abrego Garcia is released, he risks being taken into the custody of Immigration and Customs Enforcement for a second deportation, denying him defense against charges.
The situation appears to be a case of the executive branch doing injury on itself, as the government argues deporting Abrego Garcia would scuttle their criminal case.
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