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Federal Judge Orders ICE to Release Kilmar Abrego Garcia Immediately

The court ruled the government has no valid removal order to detain him.

Overview

  • Judge Paula Xinis directed Abrego Garcia’s immediate release and said ICE has held him without lawful authority since his return from El Salvador.
  • ICE must notify his attorney before release, file a status update by 5 p.m. ET today, and coordinate logistics with Pretrial Services.
  • The opinion found no operative removal order under 8 U.S.C. § 1231 and said his removal is not reasonably foreseeable, making continued detention unlawful.
  • His existing criminal pretrial conditions from the Tennessee case remain in effect, returning him to GPS monitoring and home detention rather than ICE custody.
  • DHS disputed the ruling as lacking legal basis and signaled further court action, as the case continues to examine third‑country removal efforts and Costa Rica’s stated willingness to receive him.