You are wrong. It is that simple. Federal and even local agents have carte blanche. US Citizens or not. If they suspect anything you can be detained.
How’s your goose stepping, by the way? You might want to read up on ICE’s legislative authority.
I step out of the way on the beach at Westport. What is written in the rules does not always equal what happens on the ground. Are you seriously trying to school me? I know more about the rules and judicial enforcement than you will ever know.
Sure. Go back and read the evolution of your argument. What are the rules for ICE regarding US citizens in the US. Go ahead, school me. Rules versus law, don’t confuse the two.
Whoa, look at you! Stepping out da way in Westport, yo! Am I supposed to be impressed with that? Do you pop the collar on your polo while doing so?
You are wrong. It is that simple. Federal and even local agents have carte blanche. US Citizens or not. If they suspect anything you can be detained.
How’s your goose stepping, by the way? You might want to read up on ICE’s legislative authority.
I step out of the way on the beach at Westport. What is written in the rules does not always equal what happens on the ground. Are you seriously trying to school me? I know more about the rules and judicial enforcement than you will ever know.
Sure. Go back and read the evolution of your argument. What are the rules for ICE regarding US citizens in the US. Go ahead, school me. Rules versus law, don’t confuse the two.
Whoa, look at you! Stepping out da way in Westport, yo! Am I supposed to be impressed with that? Do you pop the collar on your polo while doing so?
You seem to simply miss the point. And you are not talking to someone that is misinformed. Stupid is as stupid does. And well, you are doing it well. Say "yo" to an agent. Don't touch me bro. You might get the handcuffs.
You are wrong. It is that simple. Federal and even local agents have carte blanche. US Citizens or not. If they suspect anything you can be detained.
How’s your goose stepping, by the way? You might want to read up on ICE’s legislative authority.
I step out of the way on the beach at Westport. What is written in the rules does not always equal what happens on the ground. Are you seriously trying to school me? I know more about the rules and judicial enforcement than you will ever know.
Sure. Go back and read the evolution of your argument. What are the rules for ICE regarding US citizens in the US. Go ahead, school me. Rules versus law, don’t confuse the two.
Whoa, look at you! Stepping out da way in Westport, yo! Am I supposed to be impressed with that? Do you pop the collar on your polo while doing so?
You seem to simply miss the point. And you are not talking to someone that is misinformed. Stupid is as stupid does. And well, you are doing it well. Say "yo" to an agent. Don't touch me bro. You might get the handcuffs.
You have missed the point entirely as evidenced by referencing Korea and Singapore, totally irrelevant to whether ICE’s legislative authority allows them to question and detain US citizens in the United States. Pop your collar because your real name is probably Bradeorth or Bennett and your verbal baggage ain’t got nothing in it.
You are wrong. It is that simple. Federal and even local agents have carte blanche. US Citizens or not. If they suspect anything you can be detained.
How’s your goose stepping, by the way? You might want to read up on ICE’s legislative authority.
I step out of the way on the beach at Westport. What is written in the rules does not always equal what happens on the ground. Are you seriously trying to school me? I know more about the rules and judicial enforcement than you will ever know.
Sure. Go back and read the evolution of your argument. What are the rules for ICE regarding US citizens in the US. Go ahead, school me. Rules versus law, don’t confuse the two.
Whoa, look at you! Stepping out da way in Westport, yo! Am I supposed to be impressed with that? Do you pop the collar on your polo while doing so?
You seem to simply miss the point. And you are not talking to someone that is misinformed. Stupid is as stupid does. And well, you are doing it well. Say "yo" to an agent. Don't touch me bro. You might get the handcuffs.
You have missed the point entirely as evidenced by referencing Korea and Singapore, totally irrelevant to whether ICE’s legislative authority allows them to question and detain US citizens in the United States. Pop your collar because your real name is probably Bradeorth or Bennett and your verbal baggage ain’t got nothing in it.
Keep talking. You know nothing. Boots on the ground. It does not matter that you are a US citizen. You can be detained, questioned and cuffed. There is no probable cause required. Regardless of what it says on paper or "legislative authority." If an agent wants you held, you will be held. Truth is that most people have nothing to fear. Oh by the way, did I mention that I am an attorney with expertise in this area? Yeah, keep spewing your nonsense with no basis in fact. Stay away from the internet, it is full of bullshit.
You are wrong. It is that simple. Federal and even local agents have carte blanche. US Citizens or not. If they suspect anything you can be detained.
How’s your goose stepping, by the way? You might want to read up on ICE’s legislative authority.
I step out of the way on the beach at Westport. What is written in the rules does not always equal what happens on the ground. Are you seriously trying to school me? I know more about the rules and judicial enforcement than you will ever know.
Sure. Go back and read the evolution of your argument. What are the rules for ICE regarding US citizens in the US. Go ahead, school me. Rules versus law, don’t confuse the two.
Whoa, look at you! Stepping out da way in Westport, yo! Am I supposed to be impressed with that? Do you pop the collar on your polo while doing so?
You seem to simply miss the point. And you are not talking to someone that is misinformed. Stupid is as stupid does. And well, you are doing it well. Say "yo" to an agent. Don't touch me bro. You might get the handcuffs.
You have missed the point entirely as evidenced by referencing Korea and Singapore, totally irrelevant to whether ICE’s legislative authority allows them to question and detain US citizens in the United States. Pop your collar because your real name is probably Bradeorth or Bennett and your verbal baggage ain’t got nothing in it.
Keep talking. You know nothing. Boots on the ground. It does not matter that you are a US citizen. You can be detained, questioned and cuffed. There is no probable cause required. Regardless of what it says on paper or "legislative authority." If an agent wants you held, you will be held. Truth is that most people have nothing to fear. Oh by the way, did I mention that I am an attorney with expertise in this area? Yeah, keep spewing your nonsense with no basis in fact. Stay away from the internet, it is full of bullshit.
Still can’t differentiate between rules and laws and the US constitution. Have you considered applying to the DOJ? They can use an attorney like you.
“No basis in fact.” I wouldn’t accept your legal representation if you or your firm paid me.
You are wrong. It is that simple. Federal and even local agents have carte blanche. US Citizens or not. If they suspect anything you can be detained.
How’s your goose stepping, by the way? You might want to read up on ICE’s legislative authority.
I step out of the way on the beach at Westport. What is written in the rules does not always equal what happens on the ground. Are you seriously trying to school me? I know more about the rules and judicial enforcement than you will ever know.
Sure. Go back and read the evolution of your argument. What are the rules for ICE regarding US citizens in the US. Go ahead, school me. Rules versus law, don’t confuse the two.
Whoa, look at you! Stepping out da way in Westport, yo! Am I supposed to be impressed with that? Do you pop the collar on your polo while doing so?
You seem to simply miss the point. And you are not talking to someone that is misinformed. Stupid is as stupid does. And well, you are doing it well. Say "yo" to an agent. Don't touch me bro. You might get the handcuffs.
You have missed the point entirely as evidenced by referencing Korea and Singapore, totally irrelevant to whether ICE’s legislative authority allows them to question and detain US citizens in the United States. Pop your collar because your real name is probably Bradeorth or Bennett and your verbal baggage ain’t got nothing in it.
Keep talking. You know nothing. Boots on the ground. It does not matter that you are a US citizen. You can be detained, questioned and cuffed. There is no probable cause required. Regardless of what it says on paper or "legislative authority." If an agent wants you held, you will be held. Truth is that most people have nothing to fear. Oh by the way, did I mention that I am an attorney with expertise in this area? Yeah, keep spewing your nonsense with no basis in fact. Stay away from the internet, it is full of bullshit.
Still can’t differentiate between rules and laws and the US constitution. Have you considered applying to the DOJ? They can use an attorney like you.
“No basis in fact.” I wouldn’t accept your legal representation if you or your firm paid me.
Of course I can differentiate. That is what I do. I take on the DOJ, CBP on a daily basis and often win. Add the DOC, BIS, and others. Why is it so hard to admit that you may have met a person that knows more than you?
You are wrong. It is that simple. Federal and even local agents have carte blanche. US Citizens or not. If they suspect anything you can be detained.
How’s your goose stepping, by the way? You might want to read up on ICE’s legislative authority.
I step out of the way on the beach at Westport. What is written in the rules does not always equal what happens on the ground. Are you seriously trying to school me? I know more about the rules and judicial enforcement than you will ever know.
Sure. Go back and read the evolution of your argument. What are the rules for ICE regarding US citizens in the US. Go ahead, school me. Rules versus law, don’t confuse the two.
Whoa, look at you! Stepping out da way in Westport, yo! Am I supposed to be impressed with that? Do you pop the collar on your polo while doing so?
You seem to simply miss the point. And you are not talking to someone that is misinformed. Stupid is as stupid does. And well, you are doing it well. Say "yo" to an agent. Don't touch me bro. You might get the handcuffs.
You have missed the point entirely as evidenced by referencing Korea and Singapore, totally irrelevant to whether ICE’s legislative authority allows them to question and detain US citizens in the United States. Pop your collar because your real name is probably Bradeorth or Bennett and your verbal baggage ain’t got nothing in it.
Keep talking. You know nothing. Boots on the ground. It does not matter that you are a US citizen. You can be detained, questioned and cuffed. There is no probable cause required. Regardless of what it says on paper or "legislative authority." If an agent wants you held, you will be held. Truth is that most people have nothing to fear. Oh by the way, did I mention that I am an attorney with expertise in this area? Yeah, keep spewing your nonsense with no basis in fact. Stay away from the internet, it is full of bullshit.
Still can’t differentiate between rules and laws and the US constitution. Have you considered applying to the DOJ? They can use an attorney like you.
“No basis in fact.” I wouldn’t accept your legal representation if you or your firm paid me.
Of course I can differentiate. That is what I do. I take on the DOJ, CBP on a daily basis and often win. Add the DOC, BIS, and others. Why is it so hard to admit that you may have met a person that knows more than you?
Because I disagree with your “lawyerly” spin and your lame argument and its illogical progression from where you started, bringing in Korea and Singapore, as an example. I’m sure you use other country’s legislation and legal theories in oral or written arguments here in the US, against those foes you mentioned, eh?
You really should float your resume to COOTWH. Might get you invited to Bedtheminister for a round, to use a golf reference.
And to answer your question, because despite your education, white privilege and career, you haven’t referenced or cited the law that makes it legal for ICE to stop, question and detain US citizens on US soil.
So go ahead, illustrate to us how the law creating ICE makes it legal for them to stop, question and detain US citizens on US soil. Cite the law.
You are wrong. It is that simple. Federal and even local agents have carte blanche. US Citizens or not. If they suspect anything you can be detained.
How’s your goose stepping, by the way? You might want to read up on ICE’s legislative authority.
I step out of the way on the beach at Westport. What is written in the rules does not always equal what happens on the ground. Are you seriously trying to school me? I know more about the rules and judicial enforcement than you will ever know.
Sure. Go back and read the evolution of your argument. What are the rules for ICE regarding US citizens in the US. Go ahead, school me. Rules versus law, don’t confuse the two.
Whoa, look at you! Stepping out da way in Westport, yo! Am I supposed to be impressed with that? Do you pop the collar on your polo while doing so?
You seem to simply miss the point. And you are not talking to someone that is misinformed. Stupid is as stupid does. And well, you are doing it well. Say "yo" to an agent. Don't touch me bro. You might get the handcuffs.
You have missed the point entirely as evidenced by referencing Korea and Singapore, totally irrelevant to whether ICE’s legislative authority allows them to question and detain US citizens in the United States. Pop your collar because your real name is probably Bradeorth or Bennett and your verbal baggage ain’t got nothing in it.
Keep talking. You know nothing. Boots on the ground. It does not matter that you are a US citizen. You can be detained, questioned and cuffed. There is no probable cause required. Regardless of what it says on paper or "legislative authority." If an agent wants you held, you will be held. Truth is that most people have nothing to fear. Oh by the way, did I mention that I am an attorney with expertise in this area? Yeah, keep spewing your nonsense with no basis in fact. Stay away from the internet, it is full of bullshit.
Stop me. Ask me questions. Search my bags. I have nothing to hide. Stop a thousand and catch one bad actor. I am fine with that. Edit: You get detained when you do not cooperate. Police procedures do not avail you of constitutional rights. Failure to provide ID can get you put in Jail. Speak out or resist and that gets you in Jail. And yes, being loud and disorderly can get you in Jail. The courts will figure it out later. Get real.
I wonder what the NY Bar would think of this sentiment? Stop and question 1,000 law abiding citizens to catch one law violator. That coming from a US attorney is horrifying.
Like I’ve said multiple times, it’s too late, way too late.
I can't recall if trump mentioned Rosie O'Donnell's taxes when he threatened to revoke her citizenship, but I have to imagine that was the motivation behind the threat, proly.
I will gladly give up my rights so only 2,413,000 people would have died in 2001 in the U.S. instead of 2,416,000. No, not really. Get better at police work but I am not going through a checkpoint to prove I am a citizen on the way to work.
Stop me. Ask me questions. Search my bags. I have nothing to hide. Stop a thousand and catch one bad actor. I am fine with that. Edit: You get detained when you do not cooperate. Police procedures do not avail you of constitutional rights. Failure to provide ID can get you put in Jail. Speak out or resist and that gets you in Jail. And yes, being loud and disorderly can get you in Jail. The courts will figure it out later. Get real.
I wonder what the NY Bar would think of this sentiment? Stop and question 1,000 law abiding citizens to catch one law violator. That coming from a US attorney is horrifying.
Like I’ve said multiple times, it’s too late, way too late.
Customs agents literally do this every single day...
Stop me. Ask me questions. Search my bags. I have nothing to hide. Stop a thousand and catch one bad actor. I am fine with that. Edit: You get detained when you do not cooperate. Police procedures do not avail you of constitutional rights. Failure to provide ID can get you put in Jail. Speak out or resist and that gets you in Jail. And yes, being loud and disorderly can get you in Jail. The courts will figure it out later. Get real.
I wonder what the NY Bar would think of this sentiment? Stop and question 1,000 law abiding citizens to catch one law violator. That coming from a US attorney is horrifying.
Like I’ve said multiple times, it’s too late, way too late.
Customs agents literally do this every single day...
Yup. Plus TSA, plus airport security, plus local police, and in many many cases plus private security. He simply has no clue. You can be cuffed without Miranda rights being said. Scream the constitution all you want. You will still be in a holding cell.
Stop me. Ask me questions. Search my bags. I have nothing to hide. Stop a thousand and catch one bad actor. I am fine with that. Edit: You get detained when you do not cooperate. Police procedures do not avail you of constitutional rights. Failure to provide ID can get you put in Jail. Speak out or resist and that gets you in Jail. And yes, being loud and disorderly can get you in Jail. The courts will figure it out later. Get real.
I wonder what the NY Bar would think of this sentiment? Stop and question 1,000 law abiding citizens to catch one law violator. That coming from a US attorney is horrifying.
Like I’ve said multiple times, it’s too late, way too late.
Customs agents literally do this every single day...
No shit! How about on your way to work? Or waiting and talking to school age kids? Sure totally normal behavior
Stop me. Ask me questions. Search my bags. I have nothing to hide. Stop a thousand and catch one bad actor. I am fine with that. Edit: You get detained when you do not cooperate. Police procedures do not avail you of constitutional rights. Failure to provide ID can get you put in Jail. Speak out or resist and that gets you in Jail. And yes, being loud and disorderly can get you in Jail. The courts will figure it out later. Get real.
I wonder what the NY Bar would think of this sentiment? Stop and question 1,000 law abiding citizens to catch one law violator. That coming from a US attorney is horrifying.
Like I’ve said multiple times, it’s too late, way too late.
Customs agents literally do this every single day...
Yup. Plus TSA, plus airport security, plus local police, and in many many cases plus private security. He simply has no clue. You can be cuffed without Miranda rights being said. Scream the constitution all you want. You will still be in a holding cell.
And you know police can’t legally detain you without probable cause.
Stop me. Ask me questions. Search my bags. I have nothing to hide. Stop a thousand and catch one bad actor. I am fine with that. Edit: You get detained when you do not cooperate. Police procedures do not avail you of constitutional rights. Failure to provide ID can get you put in Jail. Speak out or resist and that gets you in Jail. And yes, being loud and disorderly can get you in Jail. The courts will figure it out later. Get real.
I wonder what the NY Bar would think of this sentiment? Stop and question 1,000 law abiding citizens to catch one law violator. That coming from a US attorney is horrifying.
Like I’ve said multiple times, it’s too late, way too late.
Customs agents literally do this every single day...
Yup. Plus TSA, plus airport security, plus local police, and in many many cases plus private security. He simply has no clue. You can be cuffed without Miranda rights being said. Scream the constitution all you want. You will still be in a holding cell.
And you know police can’t legally detain you without probable cause.
There was gang violence in this area recently. We are questioning all travelers on public roads to search for any clues. Since evidence suggests the suspects were from Central America..
Stop me. Ask me questions. Search my bags. I have nothing to hide. Stop a thousand and catch one bad actor. I am fine with that. Edit: You get detained when you do not cooperate. Police procedures do not avail you of constitutional rights. Failure to provide ID can get you put in Jail. Speak out or resist and that gets you in Jail. And yes, being loud and disorderly can get you in Jail. The courts will figure it out later. Get real.
I wonder what the NY Bar would think of this sentiment? Stop and question 1,000 law abiding citizens to catch one law violator. That coming from a US attorney is horrifying.
Like I’ve said multiple times, it’s too late, way too late.
Customs agents literally do this every single day...
Yup. Plus TSA, plus airport security, plus local police, and in many many cases plus private security. He simply has no clue. You can be cuffed without Miranda rights being said. Scream the constitution all you want. You will still be in a holding cell.
And you know police can’t legally detain you without probable cause.
There was gang violence in this area recently. We are questioning all travelers on public roads to search for any clues. Since evidence suggests the suspects were from Central America..
done.
And in several states these types of checkpoints are deemed unconstitutional.
It’s morphed into dystopian world. But I get it, a white, educated, upper class male trained as an attorney is totally fine with law enforcement breaking the law and violating your rights because of their privilege.
Airport transit and customs examinations are piss poor examples as you, general you, basically voluntarily give up your rights passing a certain point, buying a ticket, or shipping/receiving a good, and typically are offered the opportunity to not proceed and are warned of being detained, searched and questioned. But you know, details.
Stop me. Ask me questions. Search my bags. I have nothing to hide. Stop a thousand and catch one bad actor. I am fine with that. Edit: You get detained when you do not cooperate. Police procedures do not avail you of constitutional rights. Failure to provide ID can get you put in Jail. Speak out or resist and that gets you in Jail. And yes, being loud and disorderly can get you in Jail. The courts will figure it out later. Get real.
I wonder what the NY Bar would think of this sentiment? Stop and question 1,000 law abiding citizens to catch one law violator. That coming from a US attorney is horrifying.
Like I’ve said multiple times, it’s too late, way too late.
Customs agents literally do this every single day...
Yup. Plus TSA, plus airport security, plus local police, and in many many cases plus private security. He simply has no clue. You can be cuffed without Miranda rights being said. Scream the constitution all you want. You will still be in a holding cell.
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
Stop me. Ask me questions. Search my bags. I have nothing to hide. Stop a thousand and catch one bad actor. I am fine with that. Edit: You get detained when you do not cooperate. Police procedures do not avail you of constitutional rights. Failure to provide ID can get you put in Jail. Speak out or resist and that gets you in Jail. And yes, being loud and disorderly can get you in Jail. The courts will figure it out later. Get real.
I wonder what the NY Bar would think of this sentiment? Stop and question 1,000 law abiding citizens to catch one law violator. That coming from a US attorney is horrifying.
Like I’ve said multiple times, it’s too late, way too late.
Customs agents literally do this every single day...
Yup. Plus TSA, plus airport security, plus local police, and in many many cases plus private security. He simply has no clue. You can be cuffed without Miranda rights being said. Scream the constitution all you want. You will still be in a holding cell.
Stop me. Ask me questions. Search my bags. I have nothing to hide. Stop a thousand and catch one bad actor. I am fine with that. Edit: You get detained when you do not cooperate. Police procedures do not avail you of constitutional rights. Failure to provide ID can get you put in Jail. Speak out or resist and that gets you in Jail. And yes, being loud and disorderly can get you in Jail. The courts will figure it out later. Get real.
I wonder what the NY Bar would think of this sentiment? Stop and question 1,000 law abiding citizens to catch one law violator. That coming from a US attorney is horrifying.
Like I’ve said multiple times, it’s too late, way too late.
Customs agents literally do this every single day...
No shit! How about on your way to work? Or waiting and talking to school age kids? Sure totally normal behavior
That's fair Jose. Iam guessing that they are in the area from suspicion and that is their window of opportunity?
I keep saying this and I think it comes back around again. We did this in NY a few years back and got sued for how they are doing this now.
Sheriff Joe Arpajo seemed untouchable for how he rounded people up but ended up in jail and the county/state sued.
Forwarded this email? Subscribe here for more Judges Deliver a One-Two Punch to DOJ in Abrego Cases Judge Xinis bars ICE from detaining him in Tennessee, and Judge Crenshaw orders Mr. Abrego released on bail, calling DOJ’s evidence that he’s a member of MS-13 "fanciful." Allison Gill Jul 23
READ IN APP
If you’ve been following along, you know we’ve been waiting for two judges to rule on Kilmar Abrego’s civil and criminal cases. In Maryland, there was a hearing before Judge Xinis in which lawyers for Mr. Abrego argued that if he were to be released on bail in his criminal case in Tennessee, ICE would detain him and deport him to a third country. They asked the judge to return him to Maryland - as he was before he was wrongfully disappeared to El Salvador - and require DHS to provide adequate notice if they intend to remove him to a third country.
DHS has said in a recent memo that people removed to third countries would receive no notice if the government believed the detainee would not be harmed in the third country.
Meanwhile in Tennessee, Mr. Abrego’s criminal lawyers argued for his release, saying he is not a danger to the community, nor is he a member of MS-13 as DoJ contends.
I had posited in a live Substack discussion with Adam Klasfeld that the two judges must be communicating with one another. The fact that their rulings came down within minutes of one another seems to confirm that. Had Crenshaw released him without protections from Judge Xinis, the government might have immediately detained and disappeared him to a third country. But that’s not what happened.
The Breakdown is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber.
Upgrade to paid Judge Xinis in Maryland ruled:
Pending before the Court is Plaintiffs’ Emergency Motion for an Order to Return Kilmar Abrego Garcia to the District of Maryland After Release in The Tennessee Criminal Proceedings. The issues are fully briefed, and, after an evidentiary hearing, the Court GRANTS the motion. The requested relief is necessary to preserve this Court’s jurisdiction and to ensure that Abrego Garcia receives the full injunctive relief previously ordered “to restore the status quo ante,” and consistent with the United States Supreme Court’s mandate that “his case is handled as it would have been had he not been improperly sent to El Salvador.” By Order of this Court, Defendants (1) are prohibited from taking Abrego Garcia into immediate ICE custody in Tennessee; (2) must restore him to his ICE Order of Supervision in Baltimore; and (3) if they initiate third-country removal proceedings, must provide seventy-two (72) business hours’ notice to Abrego Garcia and his counsel of the intended third country, as more fully detailed below.
Judge Crenshaw in Tennessee writes:
The Magistrate Judge has ordered Abrego’s release. The Government disagrees and has filed a Motion for Revocation of Release Order, which has been fully briefed. The Court held an evidentiary hearing on July 16, 2025. Based on the June 13, 2025 and July 16, 2025 evidentiary hearings, the Court will deny the Government’s Motion. Abrego should be released under conditions to be set by the Magistrate Judge.
Judge Crenshaw then outlines how the government’s single witness in the detention hearing - Mr. Joseph - seemed to get evolving answers out of the cooperating witnesses:
During the interviews with Agent Joseph, CW-1 provided additional information about Abrego’s purported affiliation with gangs, drugs, and guns during these interviews. For instance, in the fourth interview, CW-1 confirmed that he did not see any signs that Abrego was a member of MS-13. During the fifth interview, however, he remarked for the first time that Abrego would greet members of MS-13 in a “familial” manner, but stopped short of saying Abrego himself was a member. During the fourth interview with Agent Joseph, CW-1 stated that both he and Abrego liked guns, but would not carry them and Abrego would confiscate them from individuals he transported. In the fifth interview, CW-1 changed his story, stating that he would sometimes give guns to drivers and gave or sold one or two guns to Abrego, who carried them with undocumented individuals in the vehicle. As to drugs, CW-1 stated for the first time in his fifth interview that Abrego had been transporting marijuana in Houston during a trip.
I had also posited that Crenshaw would grant the DoJ a detention hearing, but release him based on the record. That’s exactly what happened here. And regarding his release, Crenshaw says the government has failed to prove that Mr. Abrego is a flight risk, or that he is a danger to the community. He writes:
The Government is no more successful in its efforts to demonstrate through clear and convincing evidence that Abrego is a danger to the community. The evidence that the Government relies on to show this—Abrego’s alleged participation in the human smuggling conspiracy, the protective orders imposed on him by Ms. Vasquez, the witness statements suggesting that Abrego had guns and drugs in his possession while smuggling, and the insinuation that Abrego is a member of MS-13—is a far cry from showing that Abrego is such a danger to others or the community that he cannot be released with conditions.
Share
Nor does the Government’s poor attempts to tie Abrego to MS-13 get it there. Of the three witnesses Agent Joseph testified about that discussed Abrego’s purported affiliation with MS-13, the closest any of them come to stating that Abrego is a member of MS-13 is two witnesses stating he was “familial” with gang members and a third witness stating she “believed” him to be a member. Entirely absent from the record, however, are any indications that such “belief” is rooted in fact or that such “familial” nature came from his actual membership in or support of MS-13 rather than the simple fact that he, like many members of MS-13, is El Salvadorian. For instance, there is no evidence before the Court that Abrego: has markings or tattoos showing gang affiliation; has working relationships with known MS-13 members; ever told any of the witnesses that he is a MS-13 member; or has ever been affiliated with any sort of gang activity.
To the contrary, Agent Joseph presented testimony based on statements from cooperating witnesses that Abrego transported both Barrio 18 and MS-13 members alike, and was cordial with both during those trips. This cuts against the already slim evidence demonstrating Abrego is a member of MS-13. Based on the record before it, for the Court to find that Abrego is member of or in affiliation with MS13, it would have to make so many inferences from the Government’s proffered evidence in its favor that such conclusion would border on fanciful.
…the Government fails to show by a preponderance of the evidence—let alone clear and convincing evidence—that Abrego is such a danger to others or the community that such concerns cannot be mitigated by conditions of release. Given that the Government cannot meet this high bar, this factor weighs against detention.
He concludes:
The Government has failed to show on appeal that this case is one of the “carefully limited exception[s]” where detention pending trial is justified, entitling Abrego to his liberty in the meantime. Accordingly, the Government’s Motion for Revocation of Release Order will be denied. Abrego should be released upon the Magistrate Judge’s issuance of the release order.
So between these two orders, Abrego is free for now, and if ICE wants to detain him for deportation, they must do so in Maryland, and they must give him adequate due process if they intend to send him to a third country.
I will be going live on Substack around 3 PM PT today with Adam Klasfeld of All Rise News to discuss this further. As always, my content is free, but if you are able, please consider becoming a paid subscriber to support our work.
You can read the entire order from Judge Xinis here, and Judge Crenshaw’s full order here.
Mikenzie Frost 7-16-25 AP Photo/George Walker IV
You're currently a free subscriber to The Breakdown. For the full experience, upgrade your subscription.
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
Comments
Whoa, look at you! Stepping out da way in Westport, yo! Am I supposed to be impressed with that? Do you pop the collar on your polo while doing so?
Libtardaplorable©. And proud of it.
Brilliantati©
"Saying the quiet part out loud".
Libtardaplorable©. And proud of it.
Brilliantati©
You seem to simply miss the point. And you are not talking to someone that is misinformed. Stupid is as stupid does. And well, you are doing it well. Say "yo" to an agent. Don't touch me bro. You might get the handcuffs.
Libtardaplorable©. And proud of it.
Brilliantati©
Keep talking. You know nothing. Boots on the ground. It does not matter that you are a US citizen. You can be detained, questioned and cuffed. There is no probable cause required. Regardless of what it says on paper or "legislative authority." If an agent wants you held, you will be held. Truth is that most people have nothing to fear. Oh by the way, did I mention that I am an attorney with expertise in this area? Yeah, keep spewing your nonsense with no basis in fact. Stay away from the internet, it is full of bullshit.
“No basis in fact.” I wouldn’t accept your legal representation if you or your firm paid me.
Libtardaplorable©. And proud of it.
Brilliantati©
Of course I can differentiate. That is what I do. I take on the DOJ, CBP on a daily basis and often win. Add the DOC, BIS, and others. Why is it so hard to admit that you may have met a person that knows more than you?
You really should float your resume to COOTWH. Might get you invited to Bedtheminister for a round, to use a golf reference.
And to answer your question, because despite your education, white privilege and career, you haven’t referenced or cited the law that makes it legal for ICE to stop, question and detain US citizens on US soil.
So go ahead, illustrate to us how the law creating ICE makes it legal for them to stop, question and detain US citizens on US soil. Cite the law.
Libtardaplorable©. And proud of it.
Brilliantati©
Like I’ve said multiple times, it’s too late, way too late.
Libtardaplorable©. And proud of it.
Brilliantati©
Calls to strip Zohran Mamdani's citizenship spark alarm about Trump weaponizing denaturalization
Maybe that is harsh.
Yup. Plus TSA, plus airport security, plus local police, and in many many cases plus private security. He simply has no clue. You can be cuffed without Miranda rights being said. Scream the constitution all you want. You will still be in a holding cell.
done.
Libtardaplorable©. And proud of it.
Brilliantati©
Airport transit and customs examinations are piss poor examples as you, general you, basically voluntarily give up your rights passing a certain point, buying a ticket, or shipping/receiving a good, and typically are offered the opportunity to not proceed and are warned of being detained, searched and questioned. But you know, details.
Libtardaplorable©. And proud of it.
Brilliantati©
points of entry....
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
https://citylimits.org/as-nycs-asylum-seeker-arrival-center-closes-whats-next-for-migrants-in-shelter/
I keep saying this and I think it comes back around again. We did this in NY a few years back and got sued for how they are doing this now.
Sheriff Joe Arpajo seemed untouchable for how he rounded people up but ended up in jail and the county/state sued.
Forwarded this email? Subscribe here for more
Judges Deliver a One-Two Punch to DOJ in Abrego Cases
Judge Xinis bars ICE from detaining him in Tennessee, and Judge Crenshaw orders Mr. Abrego released on bail, calling DOJ’s evidence that he’s a member of MS-13 "fanciful."
Allison Gill
Jul 23
READ IN APP
If you’ve been following along, you know we’ve been waiting for two judges to rule on Kilmar Abrego’s civil and criminal cases. In Maryland, there was a hearing before Judge Xinis in which lawyers for Mr. Abrego argued that if he were to be released on bail in his criminal case in Tennessee, ICE would detain him and deport him to a third country. They asked the judge to return him to Maryland - as he was before he was wrongfully disappeared to El Salvador - and require DHS to provide adequate notice if they intend to remove him to a third country.
DHS has said in a recent memo that people removed to third countries would receive no notice if the government believed the detainee would not be harmed in the third country.
Meanwhile in Tennessee, Mr. Abrego’s criminal lawyers argued for his release, saying he is not a danger to the community, nor is he a member of MS-13 as DoJ contends.
I had posited in a live Substack discussion with Adam Klasfeld that the two judges must be communicating with one another. The fact that their rulings came down within minutes of one another seems to confirm that. Had Crenshaw released him without protections from Judge Xinis, the government might have immediately detained and disappeared him to a third country. But that’s not what happened.
The Breakdown is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber.
Upgrade to paid
Judge Xinis in Maryland ruled:
Pending before the Court is Plaintiffs’ Emergency Motion for an Order to Return Kilmar Abrego Garcia to the District of Maryland After Release in The Tennessee Criminal Proceedings. The issues are fully briefed, and, after an evidentiary hearing, the Court GRANTS the motion. The requested relief is necessary to preserve this Court’s jurisdiction and to ensure that Abrego Garcia receives the full injunctive relief previously ordered “to restore the status quo ante,” and consistent with the United States Supreme Court’s mandate that “his case is handled as it would have been had he not been improperly sent to El Salvador.” By Order of this Court, Defendants (1) are prohibited from taking Abrego Garcia into immediate ICE custody in Tennessee; (2) must restore him to his ICE Order of Supervision in Baltimore; and (3) if they initiate third-country removal proceedings, must provide seventy-two (72) business hours’ notice to Abrego Garcia and his counsel of the intended third country, as more fully detailed below.
Judge Crenshaw in Tennessee writes:
The Magistrate Judge has ordered Abrego’s release. The Government disagrees and has filed a Motion for Revocation of Release Order, which has been fully briefed. The Court held an evidentiary hearing on July 16, 2025. Based on the June 13, 2025 and July 16, 2025 evidentiary hearings, the Court will deny the Government’s Motion. Abrego should be released under conditions to be set by the Magistrate Judge.
Judge Crenshaw then outlines how the government’s single witness in the detention hearing - Mr. Joseph - seemed to get evolving answers out of the cooperating witnesses:
During the interviews with Agent Joseph, CW-1 provided additional information about Abrego’s purported affiliation with gangs, drugs, and guns during these interviews. For instance, in the fourth interview, CW-1 confirmed that he did not see any signs that Abrego was a member of MS-13. During the fifth interview, however, he remarked for the first time that Abrego would greet members of MS-13 in a “familial” manner, but stopped short of saying Abrego himself was a member. During the fourth interview with Agent Joseph, CW-1 stated that both he and Abrego liked guns, but would not carry them and Abrego would confiscate them from individuals he transported. In the fifth interview, CW-1 changed his story, stating that he would sometimes give guns to drivers and gave or sold one or two guns to Abrego, who carried them with undocumented individuals in the vehicle. As to drugs, CW-1 stated for the first time in his fifth interview that Abrego had been transporting marijuana in Houston during a trip.
I had also posited that Crenshaw would grant the DoJ a detention hearing, but release him based on the record. That’s exactly what happened here. And regarding his release, Crenshaw says the government has failed to prove that Mr. Abrego is a flight risk, or that he is a danger to the community. He writes:
The Government is no more successful in its efforts to demonstrate through clear and convincing evidence that Abrego is a danger to the community. The evidence that the Government relies on to show this—Abrego’s alleged participation in the human smuggling conspiracy, the protective orders imposed on him by Ms. Vasquez, the witness statements suggesting that Abrego had guns and drugs in his possession while smuggling, and the insinuation that Abrego is a member of MS-13—is a far cry from showing that Abrego is such a danger to others or the community that he cannot be released with conditions.
Share
Nor does the Government’s poor attempts to tie Abrego to MS-13 get it there. Of the three witnesses Agent Joseph testified about that discussed Abrego’s purported affiliation with MS-13, the closest any of them come to stating that Abrego is a member of MS-13 is two witnesses stating he was “familial” with gang members and a third witness stating she “believed” him to be a member. Entirely absent from the record, however, are any indications that such “belief” is rooted in fact or that such “familial” nature came from his actual membership in or support of MS-13 rather than the simple fact that he, like many members of MS-13, is El Salvadorian. For instance, there is no evidence before the Court that Abrego: has markings or tattoos showing gang affiliation; has working relationships with known MS-13 members; ever told any of the witnesses that he is a MS-13 member; or has ever been affiliated with any sort of gang activity.
To the contrary, Agent Joseph presented testimony based on statements from cooperating witnesses that Abrego transported both Barrio 18 and MS-13 members alike, and was cordial with both during those trips. This cuts against the already slim evidence demonstrating Abrego is a member of MS-13. Based on the record before it, for the Court to find that Abrego is member of or in affiliation with MS13, it would have to make so many inferences from the Government’s proffered evidence in its favor that such conclusion would border on fanciful.
…the Government fails to show by a preponderance of the evidence—let alone clear and convincing evidence—that Abrego is such a danger to others or the community that such concerns cannot be mitigated by conditions of release. Given that the Government cannot meet this high bar, this factor weighs against detention.
He concludes:
The Government has failed to show on appeal that this case is one of the “carefully limited exception[s]” where detention pending trial is justified, entitling Abrego to his liberty in the meantime. Accordingly, the Government’s Motion for Revocation of Release Order will be denied. Abrego should be released upon the Magistrate Judge’s issuance of the release order.
So between these two orders, Abrego is free for now, and if ICE wants to detain him for deportation, they must do so in Maryland, and they must give him adequate due process if they intend to send him to a third country.
I will be going live on Substack around 3 PM PT today with Adam Klasfeld of All Rise News to discuss this further. As always, my content is free, but if you are able, please consider becoming a paid subscriber to support our work.
You can read the entire order from Judge Xinis here, and Judge Crenshaw’s full order here.
Mikenzie Frost 7-16-25
AP Photo/George Walker IV
You're currently a free subscriber to The Breakdown. For the full experience, upgrade your subscription.
Upgrade to paid
Like
Comment
Restack
© 2025 Mueller, She Wrote
548 Market Street PMB 72296, San Francisco, CA 94104
Unsubscribe
Start writing
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
https://www.theroot.com/ice-agents-confronted-manhattan-little-league-players-a-2000052123