In brief
A federal judge has ordered the release of Kilmar Abrego Garcia from ICE custody following a ruling that his re-detention lacked lawful authority. Garcia was mistakenly deported to El Salvador earlier this year and returned to face charges. The judge underscored the absence of a removal order prohibiting any further detention. Amid allegations of gang affiliations, Garcia has denied the charges against him and is awaiting trial in Tennessee.
A judge has ordered the immediate release of Kilmar Abrego Garcia, who was mistakenly deported in March and brought back to the US to face criminal charges, from immigration custody.
Judge Paula Xinis, in her order, stated, Since Abrego Garcia's return from wrongful detention in El Salvador, he has been re-detained, again without lawful authority.
Mr. Abrego Garcia was initially sent to a prison in El Salvador earlier this year due to what the US government later admitted was an error. After being returned to the US to address human smuggling charges, he was held in custody.
Furthermore, Judge Xinis noted that the government lacked a removal order, preventing any deportation of Mr. Abrego Garcia at this time.
The Trump administration claims Mr. Abrego Garcia is associated with the violent MS-13 gang, claims he has vehemently denied. Earlier this spring, numerous alleged gang members were flown to El Salvador's CECOT prison, despite a previous court ruling prohibiting the deportation of Mr. Abrego Garcia.
He has also pleaded not guilty to the smuggling allegations, which are part of an ongoing trial in Tennessee.
According to Judge Xinis, while hearing his challenge to deportation in federal court in Maryland, she mandated that he comply with the conditions of his release from jail in Tennessee.
