Judge orders Kilmar Abrego Garcia be released from ICE custody ‘immediately’
By Priscilla Alvarez, CNN
(CNN) — A federal judge in Maryland ordered the release of Kilmar Abrego Garcia from ICE custody “immediately,” according to a Thursday court filing, a significant development in the case concerning the El Salvadoran man mistakenly deported this year before being returned to the United States.
Abrego Garcia’s wrongful deportation has been the basis of a fraught legal battle that’s included tense confrontations between the judge and the Justice Department. It has also come to embody the Trump administration’s immigration crackdown and aggressive posture in trying to deport immigrants to far-flung countries.
“Since Abrego Garcia’s return from wrongful detention in El Salvador, he has been re-detained, again without lawful authority,” district Judge Paula Xinis wrote. “For this reason, the Court will GRANT Abrego Garcia’s Petition for immediate release from ICE custody.”
“Abrego Garcia’s case demands judicial intervention,” Xinis added.
The Trump administration has struggled in recent weeks to find a country to quickly deport him to. Judges are able to order officials to release detained migrants if their removal from the US doesn’t appear imminent.
“Because Abrego Garcia has been held in ICE detention to effectuate third-country removal absent a lawful removal order, his requested relief is proper,” Xinis wrote, adding that the administration’s “conduct over the past months belie that his detention has been for the basic purpose of effectuating removal, lending further support that Abrego Garcia should be held no longer.”
While Xinis did not define “immediately,” the judge said that the Justice Department must report on the status of his release by 5pm ET Thursday.
The Department of Homeland Security’s spokesperson, Tricia McLaughlin, blasted Xinis’ order.
“This is naked judicial activism by an Obama appointed judge,” McLaughlin said. “This order lacks any valid legal basis and we will continue to fight this tooth and nail in the courts.”
CNN has reached out to Abrego Garcia’s attorneys for comment.
This story is breaking and will be updated.
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