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A federal judge has ordered the immediate discharge of Kilmar Abrego Garcia from detention by ICE, finding his continued confinement is without legal authority.

"Since Abrego Garcia's release after erroneous detention in El Salvador, he has been re-detained, again without legal justification," Judge Paula Xinis stated in her order.

The situation originates in a mistaken deportation to El Salvador in March, which the government later admitted was an mistake. After his repatriation to the United States to face human smuggling allegations, he was held in federal custody.

In her decision, the judge noted that the government does not have a valid deportation order, which effectively blocks them from removing Mr. Abrego Garcia "at this time."

Context of the Case

The legal proceedings involve disputed claims. While the Trump administration contends that Abrego Garcia is a member of the MS-13 criminal organization, he vehemently disputes this allegation.

He has also entered a not guilty plea to the smuggling charges, which are part of a ongoing trial in the state of Tennessee.

Terms of Release

The court, who was overseeing his challenge to deportation in a federal court, determined that he must now adhere to the terms of his bond from custody in Tennessee. This decision effectively transfers his monitoring to the jurisdiction handling his criminal case.

This decision represents a notable turn in a complex legal battle featuring allegations of mistaken imprisonment and contested gang associations.