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Kilmar Abrego Garcia to remain in jail while attorneys debate whether he’ll be deported if released (apnews.com)

submitted 1 day ago by Stamau123@lemmy.world to c/news@lemmy.world

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NASHVILLE, Tenn. (AP) — Kilmar Abrego Garcia will remain in jail for at least a few more days while attorneys in the federal smuggling case against him spar over whether prosecutors have the ability to prevent Abrego Garcia’s deportation if he is released to await trial.

The Salvadoran national whose mistaken deportation became a flashpoint in the fight over President Donald Trump’s immigration policies has been in jail since he was returned to the U.S. on June 7, facing two counts of human smuggling.

Although a federal Judge has ruled that he has a right to be released and even set specific conditions for his release, his attorneys expressed concern that it would lead to immediate detention by ICE and deportation.

On Sunday, U.S. Magistrate Judge Barbara Holmes ruled that Abrego Garcia does not have to remain in jail ahead of that trial. On Wednesday afternoon, she set conditions for his release in preparation to allow him to go. But Abrego Garcia’s impending release has been halted over concerns that U.S. Immigration and Customs Enforcement would take him into custody immediately and possibly try to deport him before he can stand trial.

Holmes expressed doubts about her own power to require anything more than that prosecutors use their best efforts to secure the cooperation of Homeland Security and ICE.

“I have no reservations about my ability to direct the local U.S. Attorney’s office,” the judge said. “I don’t think I have any authority over ICE.”

Holmes did not say when she would file the release order for Abrego Garcia, but it will not happen before Friday afternoon.

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[–] TheReturnOfPEB@reddthat.com 16 points 18 hours ago* (last edited 17 hours ago)

"I can tell you," my colleague went on, "of a man in Leipzig, a judge. He was not a Nazi, except nominally, but he certainly wasn’t an anti-Nazi. He was just—a judge. In ’42 or ’43, early ’43, I think it was, a Jew was tried before him in a case involving, but only incidentally, relations with an ‘Aryan’ woman. This was ‘race injury,’ something the Party was especially anxious to punish. In the case at bar, however, the judge had the power to convict the man of a ‘nonracial’ offense and send him to an ordinary prison for a very long term, thus saving him from Party ‘processing’ which would have meant concentration camp or, more probably, deportation and death. But the man was innocent of the ‘nonracial’ charge, in the judge’s opinion, and so, as an honorable judge, he acquitted him. Of course, the Party seized the Jew as soon as he left the courtroom."

"And the judge?"

"Yes, the judge. He could not get the case off his conscience—a case, mind you, in which he had acquitted an innocent man. He thought that he should have convicted him and saved him from the Party, but how could he have convicted an innocent man? The thing preyed on him more and more, and he had to talk about it, first to his family, then to his friends, and then to acquaintances. (That’s how I heard about it.) After the ’44 Putsch they arrested him. After that, I don’t know."

-from They Thought They Were Free: The Germans, 1933-45 by Milton Mayer.

I guess that I have been waiting for a parallel to this story since Trump's first election.

And here we are.