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Judge bars deportation until October
A federal judge blocks deportation of Kilmar Abrego Garcia until at least early October while his asylum case is reviewed.
A federal judge has temporarily blocked the Trump administration from deporting Kilmar Abrego Garcia until at least early October.
Judge blocks administration from deporting Kilmar Abrego Garcia until at least October
A federal judge in Maryland extended a temporary restraining order that blocks the administration from deporting Kilmar Abrego Garcia while his latest challenge works through the courts. The order keeps him in custody and limits his movements to within 200 miles of the Maryland court, with a decision expected 30 days after the Oct 6 evidentiary hearing. The judge did not order release, saying that question should be decided by an immigration judge.
Abrego Garcia, a Salvadoran national, was deported in March to El Salvador’s CECOT mega-prison despite a 2019 ruling that barred removal to that country due to fear of persecution. He was brought back to the United States in June to face Tennessee charges related to transporting undocumented migrants. His lawyers have filed an emergency motion to reopen his immigration case to seek asylum, arguing that he may be eligible within one year of his last U.S. entry and that Costa Rica could be designated as a removal country if needed.
Key Takeaways
"Judge Xinis said Wednesday she will extend her temporary restraining blocking his removal until Abrego Garcia's latest deportation challenge in court is resolved."
Judge Xinis announces the extension of the restraining order in the ongoing case.
"Abrego Garcia's attorneys moved to reopen his immigration case and apply for asylum."
Statement of the legal move to pursue asylum.
"This case tests due process in a high stakes immigration fight."
Editorial assessment of the case's significance.
The ruling underscores how courts act as a check on aggressive deportation efforts. It highlights the tension between swift enforcement and due process for individuals facing removal, particularly when asylum protections are in play after a return to the United States. The case also mirrors broader debates on how to handle removals for people with complex histories and potential asylum claims.
Looking ahead, the decision could influence how similar cases are treated, especially when detention is used to stall removals and when authorities consider reopening immigration cases to allow asylum claims. The interplay between state custody, federal immigration policy, and international removal options remains a fragile balance that could shape policy discussions for months to come.
Highlights
- Judge Xinis will extend the restraining order while the challenge plays out
- Abrego Garcia's attorneys have moved to reopen his asylum case
- This case tests due process in a high stakes immigration fight
- Custody stays and the clock is ticking toward a ruling
Immigration policy under judicial review
The ruling touches on sensitive political issues around deportations, asylum rules, and detainee rights. It could provoke backlash from hardline immigration groups and policymakers and may influence later decisions on how asylum claims post-return are handled.
The next ruling will test how courts weigh haste in enforcement against the safeguards asylum law envisions.
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