A court has ordered the prompt discharge of Kilmar Abrego Garcia from detention by ICE, finding his ongoing detainment lacks legal authority.
"Since Abrego Garcia's return from wrongful detention in El Salvador, he has been re-detained, again without lawful authority," Judge Paula Xinis wrote in her ruling.
The situation stems from a mistaken deportation to El Salvador earlier this year, which US authorities later acknowledged was an error. After his return to the United States to answer human smuggling charges, he was held in immigration detention.
In her order, the judge pointed out that the government lacks a current removal order, which effectively blocks them from removing Mr. Abrego Garcia "for now."
The court proceedings involve conflicting assertions. While the former administration argues that Abrego Garcia is a member of the MS-13 criminal organization, he vehemently disputes this allegation.
He has also pleaded not guilty to the smuggling charges, which are part of a separate criminal case in the state of Tennessee.
The judge, who was hearing his petition to deportation in a federal court, determined that he must now adhere to the terms of his release from jail in Tennessee. This decision effectively transfers his monitoring to the Tennessee court.
This ruling represents a notable turn in a complex immigration case featuring claims of mistaken imprisonment and disputed criminal associations.
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