A court has ordered the immediate discharge of Kilmar Abrego Garcia from detention by ICE, finding his ongoing detainment is without legal authority.
"Since his return from wrongful detention in El Salvador, he has been re-detained, again without legal justification," Judge Paula Xinis wrote in her ruling.
The situation stems from a mistaken deportation to El Salvador earlier this year, which the government later admitted was an mistake. After his return to the United States to face alien smuggling charges, he was detained in immigration custody.
In her order, the court pointed out that the government lacks a current removal order, which prevents them from deporting Mr. Abrego Garcia "at this juncture."
The court challenge involve disputed claims. While the Trump administration argues that Abrego Garcia is a affiliate of the MS-13 criminal organization, he categorically disputes this allegation.
He has also entered a not guilty plea to the smuggling charges, which are part of a separate criminal case in Tennessee.
The court, who was overseeing his challenge to deportation in a Maryland district court, ruled that he must now adhere to the terms of his release from custody in Tennessee. This order effectively transfers his monitoring to the Tennessee court.
This decision represents a significant development in a complex legal battle featuring claims of wrongful detention and contested criminal associations.
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