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Judge Blocks ICE From Re-Detaining Kilmar Abrego Garcia After Court-Ordered Release

The judge found the government lacked a final removal order, leaving no lawful basis to detain him.

Overview

  • U.S. District Judge Paula Xinis on Thursday ordered Abrego Garcia released immediately from ICE custody, ruling he had been held without lawful authority.
  • On Friday, the judge barred immigration officials from taking him back into custody until a hearing on a requested temporary restraining order.
  • Abrego Garcia was freed from the Moshannon Valley Processing Center and reported to an ICE field office in Baltimore hours later for a scheduled check-in.
  • The Department of Homeland Security condemned the ruling as “naked judicial activism” and said it will challenge the decision in court.
  • His case follows a wrongful March deportation to El Salvador despite a 2019 order withholding removal, ongoing efforts by the government to send him to third countries as his lawyers cite Costa Rica’s willingness to accept him, and separate human-smuggling charges in Tennessee to which he has pleaded not guilty.