A federal judge has ordered the prompt release of Kilmar Abrego Garcia from detention by ICE, concluding his ongoing detainment is without lawful basis.
"Since Abrego Garcia's release after erroneous imprisonment in El Salvador, he has been re-detained, again without legal justification," the judge wrote in her order.
The situation originates in a erroneous deportation to El Salvador in March, which US authorities later acknowledged was an error. After his return to the United States to answer alien smuggling allegations, he was detained in federal custody.
In her decision, the judge pointed out that the government does not have a current deportation order, which prevents them from removing Mr. Abrego Garcia "for now."
The legal proceedings center on disputed claims. Whereas the former administration contends that Abrego Garcia is a member of the MS-13 gang, he vehemently denies this claim.
He has also entered a not guilty plea to the conspiracy counts, which are part of a separate criminal case in Tennessee.
The judge, who was hearing his petition to removal in a Maryland district court, determined that he must now comply with the terms of his bond from jail in Tennessee. This order shifts his monitoring to the jurisdiction handling his criminal case.
This decision represents a significant turn in a complex legal case featuring allegations of mistaken imprisonment and contested gang associations.
A tech enthusiast and business strategist with over a decade of experience in digital transformation and startup consulting.