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Judicial Rulings Release Salvadoran Migrant on Bond and Restrict ICE Detention

The rulings rest on a finding of no credible evidence of gang ties, with a mandate for three business days’ notice before any renewed deportation effort

Dos fallos judiciales beneficiaron la situación de Ábrego García

Overview

  • Judge Waverly D. Crenshaw Jr. ordered Kilmar Ábrego García’s release on bond after finding prosecutors failed to show he posed a public safety risk or flight risk
  • Judge Paula Xinis barred ICE from immediately detaining Ábrego García upon his release and required the government to give three business days’ notice before seeking his deportation
  • Both judges highlighted the absence of tattoos, verified contacts with MS-13 members and any record of organized criminal activity to support gang-affiliation claims
  • Ábrego García was deported to El Salvador in March despite a 2019 federal court ruling that he faced a serious risk of gang-related persecution if returned
  • Human rights groups say the decisions underscore growing judicial oversight over immigration enforcement and curb the use of criminal charges to keep migrants detained pending removal