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Judge likely to keep Abrego Garcia detained to prevent quick deportation

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arkansasadvocate.com – Ariana Figueroa – 2025-07-11 13:14:00


U.S. District Judge Paula Xinis is considering a temporary restraining order to block the Trump administration from deporting Maryland resident Kilmar Abrego Garcia if released from pretrial detention. Abrego Garcia was mistakenly deported to El Salvador in March and faces criminal charges in Tennessee. His attorneys seek a 72-hour restraining order to prevent deportation to a third country without due process. The administration claims he is an MS-13 leader, though no evidence has been shown in court. Xinis criticized the Department of Justice for withholding the ICE detainer document and expressed concern Abrego Garcia could face harm if deported. A decision is expected before Wednesday.

by Ariana Figueroa, Arkansas Advocate
July 11, 2025

GREENBELT, Maryland — U.S. District Judge Paula Xinis seemed inclined during a Friday hearing to grant a temporary restraining order to block the Trump administration from deporting Kilmar Abrego Garcia if he is released from pretrial detention next week.

Xinis said if she granted a temporary restraining order, it would be narrow and would prevent immigration officers from deporting Abrego Garcia from the U.S. It would also keep the longtime Maryland resident at a detention center near Maryland as the immigration lawsuit about the conditions of his deportation under a final order of removal proceeds.

She also upbraided Justice Department attorneys for claiming immigration officials had a detainer on Abrego Garcia, but not producing the document.

The attorneys for Abrego Garcia’s case in Maryland, which was brought after the longtime resident was unlawfully arrested by immigration officials and mistakenly deported to El Salvador in March, are asking Xinis for a 72-hour restraining order if he is released from pretrial detention Wednesday.

Abrego Garcia awaits federal trial in Tennessee on criminal charges lodged while he was mistakenly removed to El Salvador.

The restraining order, if granted, would prevent the Trump administration from removing Abrego Garcia to a third country without proper notice and an opportunity to challenge his removal.

“The concern that we have here is that he’ll be gone in a blink and never to be heard from again,” Andrew Rossman, one of Abrego Garcia’s attorneys, said.

Abrego Garcia detailed psychological and physical torture he experienced at the notorious Salvadoran prison CECOT. The U.S. is paying El Salvador up to $15 million to detain roughly 300 men at the prison.

Prosecution

As soon as Wednesday, Abrego Garcia could be released from pretrial detention on charges that accuse him of human smuggling that stem from a 2019 traffic stop. A hearing is scheduled for Wednesday in Tennessee federal court on an order pausing Abrego Garcia’s release, at his lawyers’ request over concerns the administration could deport him if he is released from jail.

DOJ attorneys have said that the Trump administration intends to deport Abrego Garcia before his trial in Tennessee is complete.

Abrego Garcia has pleaded not guilty to the federal charges. His attorneys have accused President Donald Trump’s administration of using the indictment to save face in light of court orders finding Abrego Garcia’s deportation unlawful and the Supreme Court’s order for the federal government to facilitate his return.

Abrego Garcia has had deportation protections in place since 2019, barring his removal to his native El Salvador due to concerns he would experience gang violence there.

The Trump administration has labeled Abrego Garcia a leader of the gang MS-13, but has not produced any evidence of those allegations in court.

Xinis also raised the concern that Abrego Garcia could face harm in a third country because the Trump administration has labeled him a gang leader.

She raised the possibility that if Abrego Garcia is deported to a third country, that country could then take him to El Salvador.

ICE detainer produced

The Trump administration has placed a detainer on Abrego Garcia upon his potential release, meaning U.S. Marshals would hold him until immigration agents can arrest him and take him into custody.

Xinis has repeatedly asked DOJ lawyers for a copy of the detainer to determine what statue Abrego Garcia is being detained on.

DOJ attorneys said they were still working on it and Xinis slammed them for not producing it and said she wouldn’t take the DOJ’s word that the detainer even existed.

“You have taken the presumption of regularity and you’ve destroyed it, in my view,” Xinis said.

Halfway through the hearing, DOJ attorney Sarmad M. Khojasteh produced the detainer and gave a copy to Abrego Garcia’s lawyers, who have also been asking for a copy of the form.

Rossman said the detainer “has a massive hole in it.”

He said that according to the detainer, the reason for holding Abrego Garcia is a final order of removal.

However, a top Immigration and Customs Enforcement official testified Thursday that because Abrego Garcia is not in removal proceedings yet, the federal government cannot detail what actions it will take in removing him.

“We have an obvious chicken-and-egg problem,” Rossman said.

DOJ argument ‘defies reality’

Thomas Giles, ICE’s assistant director for enforcement and removal operations who testified Thursday, could not detail which track the Trump administration planned to take for Abrego Garcia. The agency is likely to try either deporting him to a third country or  challenge the bar on removal to El Salvador.

Xinis also expressed doubt that the Trump administration has not had conversations on what to do about Abrego Garcia, given the high-profile nature of the case.

Khojasteh said that an immigration officer would determine next steps for Abrego Garcia.

“It defies reality that this is going to be left to a desk officer,” Xinis said.

Xinis said she’ll make a decision before Wednesday on a temporary restraining order.

Arkansas Advocate is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Arkansas Advocate maintains editorial independence. Contact Editor Sonny Albarado for questions: info@arkansasadvocate.com.

The post Judge likely to keep Abrego Garcia detained to prevent quick deportation appeared first on arkansasadvocate.com



Note: The following A.I. based commentary is not part of the original article, reproduced above, but is offered in the hopes that it will promote greater media literacy and critical thinking, by making any potential bias more visible to the reader –Staff Editor.

Political Bias Rating: Center-Left

The article presents a narrative critical of the Trump administration’s handling of the immigration and deportation case involving Kilmar Abrego Garcia. It highlights concerns raised by a federal judge about due process, the lack of transparency from the Department of Justice, and allegations of mistreatment and unlawful deportation. The language emphasizes legal and humanitarian issues, portraying the administration’s actions in a negative light without explicitly endorsing a particular political ideology. The framing aligns with concerns commonly emphasized by center-left perspectives, focusing on immigrant rights, government accountability, and judicial oversight.

News from the South - Arkansas News Feed

Appeals court upholds ruling rejecting sweeping Trump tariffs

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arkansasadvocate.com – Jacob Fischler – 2025-08-29 19:08:00


The U.S. Court of Appeals for the Federal Circuit ruled 7-4 that President Trump’s economy-wide tariffs on nearly all U.S. trading partners, imposed under the International Economic Emergency Powers Act (IEEPA), are illegal as they exceed presidential authority. The ruling upholds a previous decision from the U.S. Court of International Trade. The decision’s implementation is delayed until October, allowing Trump to appeal to the Supreme Court. Trump vowed to contest the ruling, emphasizing tariffs as vital for American workers and industry. Democratic states that challenged the tariffs praised the decision as a victory against unconstitutional price increases affecting consumers.

by Jacob Fischler, Arkansas Advocate
August 29, 2025

The economy-wide tariffs President Donald Trump placed on nearly every U.S. trading partner are illegal, a federal appeals court said Friday.

The International Economic Emergency Powers Act does not give the president the power to impose tariffs, the U.S. Court of Appeals for the Federal Circuit ruled in a 7-4 decision upholding a May decision from the U.S. Court of International Trade and dealing a blow to Trump’s signature trade policy.

The unsigned majority opinion said the tariffs “exceed the authority delegated to the President by IEEPA’s text.”

However, the judges delayed their ruling from going into effect until October, providing the Trump administration an opportunity to appeal to the U.S. Supreme Court. The ruling also does not affect other tariffs Trump issued under different authorities, including industry- or material-specific tariffs on automobiles, steel and aluminum.

In a post to social media, Trump said he would appeal to the Supreme Court, where he predicted victory, and repeated his claim that tariffs were an essential economic tool.

“If these Tariffs ever went away, it would be a total disaster for the Country,” he wrote shortly after the decision was published. “It would make us financially weak, and we have to be strong.… If allowed to stand, this Decision would literally destroy the United States of America. At the start of this Labor Day weekend, we should all remember that TARIFFS are the best tool to help our Workers, and support Companies that produce great MADE IN AMERICA products.”

Several Democratic states challenged the IEEPA tariffs. Oregon Solicitor General Benjamin Gutman argued on their behalf on July 31. The 11 judges on the appeals court expressed skepticism of both sides during those arguments.

In a statement Friday, Oregon Attorney General Dan Rayfield called the ruling “a huge win for Americans.”

“Every court that has reviewed these tariffs has agreed that they are unconstitutional,” he said. “This ruling couldn’t come at a better time as people are walking into their local stores and seeing price increases for school supplies, clothes, and groceries.”

Last updated 11:37 p.m., Aug. 29, 2025

Arkansas Advocate is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Arkansas Advocate maintains editorial independence. Contact Editor Sonny Albarado for questions: info@arkansasadvocate.com.

The post Appeals court upholds ruling rejecting sweeping Trump tariffs appeared first on arkansasadvocate.com



Note: The following A.I. based commentary is not part of the original article, reproduced above, but is offered in the hopes that it will promote greater media literacy and critical thinking, by making any potential bias more visible to the reader –Staff Editor.

Political Bias Rating: Center-Left

This content presents a legal ruling against a policy associated with former President Donald Trump, highlighting opposition from Democratic officials and emphasizing the economic impact of tariffs on consumers. The tone is factual but leans slightly toward a critical view of Trump’s trade policies, reflecting a center-left perspective that favors judicial checks on executive power and concerns about economic consequences for everyday Americans.

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News from the South - Arkansas News Feed

Sylvan Hills defeats Maumelle in Zero Week thriller

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www.youtube.com – THV11 – 2025-08-28 23:12:00

SUMMARY: Sylvan Hills ended a 20-game losing streak by defeating Maumelle 55-54 in a thrilling zero-week high school football game. Despite trailing at times, the Bears showcased resilience with key plays from Bubba Johnson and Tyler Hampton, tying the game 28-28 at halftime. Maumelle’s Levi Warrior made impressive catches, keeping the Hornets competitive. In the closing seconds, Maumelle nearly secured the win, but a controversial goal-line stop gave Sylvan Hills the victory. This dramatic opener signals an exciting 2025 season ahead, marking Sylvan Hills’ first win in two years and an intense start for both teams.

Sylvan Hills breaks a 20 game losing streak with a 55-54 win over.

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News from the South - Arkansas News Feed

Judge orders Central Arkansas district to remove Ten Commandments displays

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arkansasadvocate.com – Antoinette Grajeda – 2025-08-28 21:24:00


In August 2025, a federal judge ordered the Conway School District to remove Ten Commandments posters from classrooms, halting enforcement of Arkansas’s Act 573 of 2025, which mandates displaying the Ten Commandments in public schools. The ruling followed a lawsuit filed by seven multifaith families arguing the law violates the First Amendment’s Establishment and Free Exercise Clauses. The judge previously blocked the law in four Northwest Arkansas districts and recently added Conway to the suit. The ACLU and other organizations represent the plaintiffs, while state officials, including Attorney General Tim Griffin, vow to defend the law, citing the historic influence of the Ten Commandments.

by Antoinette Grajeda, Arkansas Advocate
August 28, 2025

A federal judge Thursday evening ordered the Conway School District to remove Ten Commandments posters from classrooms and libraries, less than 24 hours after the district was added to a lawsuit challenging a state law requiring the displays. 

Act 573 of 2025 requires public schools to “prominently display” a 16”x20” poster or framed copy of a “historical representation” of the Ten Commandments. U.S. District Judge Timothy Brooks issued a preliminary injunction earlier this month that blocked enforcement of the law at four Northwest Arkansas school districts — Bentonville, Fayetteville, Springdale and Siloam Springs. 

Seven multifaith families who filed the lawsuit against the four districts in June allege the new law violates the First Amendment’s Establishment Clause, which guarantees that “Congress shall make no law respecting an establishment of religion,” and its Free Exercise Clause, which guarantees that “Congress shall make no law … prohibiting the free exercise [of religion].” 

Supporters of the law argue the Ten Commandments are a historical document because they influenced the nation’s founders and their creation of the country’s legal system.

Central Arkansas school district added to Ten Commandments suit

Brooks granted a request from plaintiffs’ attorneys Wednesday to add the Conway School District as a defendant to the case and families from the district who allege they’ve been injured by the district hanging Ten Commandments displays in their children’s schools. 

Plaintiffs’ attorneys filed a supplemental complaint adding the new parties to the case Thursday and filed a motion for a temporary restraining order on behalf of two Conway School District families. Brooks granted the temporary restraining order later on Thursday and held the request for a preliminary injunction in abeyance. 

“Conway Plaintiffs are identically situated to the original Plaintiffs: They advance the same legal arguments, assert the same constitutional injuries, and request the same relief,” Brooks wrote.

School districts named in the lawsuit and Arkansas attorney general’s office, who intervened in the case, may submit briefs no later than Sept. 8 to address why the current preliminary injunction should not be modified to include the Conway School District, according to the order. 

Brooks also temporarily enjoined the Conway School District from enforcing the law and directed the district to remove all the Ten Commandments posters by 5 p.m. Friday. 

“Conway School District had every opportunity to do the right thing and respect families’ constitutional rights, but instead chose to defy a clear federal ruling,” ACLU of Arkansas Legal Director John Williams said in a statement. “The court has now made it crystal clear: forcing the Ten Commandments into public school classrooms is unconstitutional. We stand ready to defend the rights of every Arkansan against this kind of government overreach.”

The ACLU of Arkansas is representing the plaintiffs along with the national American Civil Liberties Union, Americans United for Separation of Church and State, and the Freedom From Religion Foundation. Simpson Thacher & Bartlett is serving as pro bono counsel. 

“I am disappointed in the ruling but will continue to vigorously defend Act 573,” Attorney General Tim Griffin said in a statement.

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Arkansas Advocate is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Arkansas Advocate maintains editorial independence. Contact Editor Sonny Albarado for questions: info@arkansasadvocate.com.

The post Judge orders Central Arkansas district to remove Ten Commandments displays appeared first on arkansasadvocate.com



Note: The following A.I. based commentary is not part of the original article, reproduced above, but is offered in the hopes that it will promote greater media literacy and critical thinking, by making any potential bias more visible to the reader –Staff Editor.

Political Bias Rating: Center-Left

The content presents a legal challenge to a state law mandating the display of the Ten Commandments in public school classrooms, emphasizing constitutional concerns and the perspective of civil liberties organizations like the ACLU. It highlights the judicial pushback against the law and includes statements from both supporters and opponents, but the framing and sources cited lean toward protecting separation of church and state, a stance commonly associated with center-left viewpoints.

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