A federal judge has ordered the immediate discharge of Kilmar Abrego Garcia from detention by ICE, finding his ongoing confinement lacks lawful basis.
"Since his release after wrongful detention in El Salvador, he has been taken back into custody, again without legal justification," Judge Paula Xinis stated in her ruling.
The case stems from a erroneous removal to El Salvador earlier this year, which the government later acknowledged was an error. After his repatriation to the United States to face human smuggling charges, he was held in immigration custody.
In her order, the court noted that the authorities lacks a valid deportation order, which prevents them from removing Mr. Abrego Garcia "at this time."
The court proceedings involve disputed claims. While the former administration contends 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 counts, which are part of a separate trial in Tennessee.
The court, who was overseeing his challenge to deportation in a federal court, ruled that he must now adhere to the conditions of his release from jail in Tennessee. This decision shifts his supervision to the jurisdiction handling his criminal case.
This ruling marks a significant development in a complex immigration battle featuring claims of mistaken imprisonment and disputed gang associations.
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