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

The ruling says ICE lacked lawful authority to detain him after an erroneous deportation earlier this year.

Overview

  • U.S. District Judge Paula Xinis concluded Ábrego García was being held without proper legal authorization following his return from an unlawful removal.
  • The Justice Department must report his release status to the court by 5 p.m. Miami time today.
  • The Department of Homeland Security denounced the decision as judicial activism and vowed to continue challenging it in court.
  • ICE has sought to deport him to third countries after a 2019 immigration ruling barred his return to El Salvador.
  • Ábrego García also faces federal charges in Tennessee, where a judge has ordered an evidentiary hearing on his motion to dismiss a human-smuggling indictment as vindictive.