Federal Judge Orders Immediate Release of Kilmar Abrego Garcia from ICE Custody
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Federal Judge Orders Immediate Release of Kilmar Abrego Garcia from ICE Custody

Summary

A U.S. District Judge in Maryland has ordered the immediate release of Kilmar Abrego Garcia from immigration detention, citing the absence of a lawful removal order.

A U.S. District Judge in Maryland has ordered the immediate release of Kilmar Abrego Garcia from immigration detention, citing the absence of a lawful removal order. Judge Paula Xinis ruled that the Department of Homeland Security (DHS) failed to provide a valid legal basis for his continued detention. In her decision, Xinis stated that Abrego Garcia had been "re-detained, again without lawful authority."

Abrego Garcia, a Salvadoran national residing in Maryland, was wrongfully deported to El Salvador in March, despite a 2019 court ruling protecting him from deportation due to credible threats from gangs. After his return to the U.S. in June, he faced human smuggling charges in Tennessee, to which he pleaded not guilty.

The DHS criticized the judge's order, with spokeswoman Tricia McLaughlin describing it as "naked judicial activism" and indicating plans to appeal the decision.

Abrego Garcia's legal team welcomed the ruling. Lead counsel Simon Sandoval-Moshenberg expressed hope that this marks a turning point for their client, emphasizing the importance of the rule of law.

The case has drawn significant attention, highlighting tensions between the judiciary and the executive branch over immigration enforcement policies. Abrego Garcia's situation has become emblematic of broader debates surrounding the Trump administration's deportation agenda.

Source

NBC News

Fact-checking

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Confirmed

U.S. District Judge Paula Xinis ordered the immediate release of Kilmar Abrego Garcia from immigration detention, citing the absence of a lawful removal order.

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Confirmed

Kilmar Abrego Garcia, a Salvadoran national residing in Maryland, was wrongfully deported to El Salvador in March, despite a 2019 court ruling protecting him from deportation due to credible threats from gangs.

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Confirmed

After his return to the U.S. in June, Kilmar Abrego Garcia faced human smuggling charges in Tennessee, to which he pleaded not guilty.

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Confirmed

The Department of Homeland Security criticized the judge's order, with spokeswoman Tricia McLaughlin describing it as 'naked judicial activism' and indicating plans to appeal the decision.

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