A court has ordered the prompt discharge of Kilmar Abrego Garcia from detention by ICE, concluding his ongoing confinement is without lawful basis.
"Since Abrego Garcia's release after wrongful imprisonment in El Salvador, he has been re-detained, again without legal justification," Judge Paula Xinis stated in her order.
The case originates in a mistaken deportation to El Salvador earlier this year, which the government later acknowledged was an mistake. Following his return to the United States to answer human smuggling charges, he was held in immigration custody.
In her decision, the court noted that the government lacks a valid deportation order, which prevents them from deporting Mr. Abrego Garcia "at this juncture."
The legal proceedings involve disputed claims. While the Trump administration argues that Abrego Garcia is a member of the MS-13 criminal organization, he categorically denies this claim.
He has also pleaded not guilty to the smuggling charges, which are part of a ongoing trial in the state of Tennessee.
The judge, who was overseeing his challenge to removal in a Maryland district court, ruled that he must now adhere to the terms of his bond from jail in Tennessee. This order shifts his supervision to the Tennessee court.
This ruling represents a significant development in a complicated legal case featuring claims of mistaken imprisonment and disputed gang associations.