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Federal Judge in Maryland Orders Immediate Release of Kilmar Ábrego García From ICE Custody

The order says ICE lacked lawful authority to hold him for a planned third-country removal.

Overview

  • U.S. District Judge Paula Xinis granted his petition after finding he had been detained without proper legal authorization since returning from El Salvador.
  • The court instructed the Justice Department to report on his release status by 5 p.m. Miami time on Thursday.
  • Ábrego García was deported in error earlier this year and was returned to the United States under a court order.
  • DHS spokesperson Tricia McLaughlin criticized the ruling as judicial activism and said the government will continue to challenge it in court.
  • Judges can order release when deportation does not appear imminent, and the government has recently struggled to arrange third-country removals.