A federal judge has ordered the immediate release of Kilmar Abrego Garcia from detention by ICE, concluding his ongoing confinement lacks legal authority.
"Since Abrego Garcia's release after erroneous imprisonment in El Salvador, he has been re-detained, again without legal justification," Judge Paula Xinis stated in her order.
The situation originates in a mistaken deportation to El Salvador earlier this year, which US authorities later admitted was an mistake. After his return to the United States to answer human smuggling allegations, he was held in immigration custody.
In her order, the judge pointed out that the government lacks a current removal order, which prevents them from removing Mr. Abrego Garcia "for now."
The legal challenge center on disputed claims. While the Trump administration argues that Abrego Garcia is a affiliate of the MS-13 criminal organization, he categorically denies this claim.
He has also pleaded not guilty to the conspiracy counts, which are part of a separate criminal case in Tennessee.
The judge, who was overseeing his challenge to removal in a federal court, determined that he must now adhere to the terms of his release from jail in Tennessee. This order shifts his supervision to the Tennessee court.
This decision represents a significant development in a complex legal battle involving allegations of wrongful detention and contested gang associations.
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