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A federal judge has ordered the prompt release of Kilmar Abrego Garcia from detention by ICE, concluding his ongoing detainment is without legal authority.

"Since Abrego Garcia's release after wrongful detention in El Salvador, he has been taken back into custody, again without lawful authority," the judge wrote in her order.

The situation originates in a erroneous deportation to El Salvador earlier this year, which US authorities later acknowledged was an error. Following his return to the United States to face human smuggling allegations, he was held in immigration detention.

In her decision, the judge noted that the authorities does not have a current removal order, which effectively blocks them from removing Mr. Abrego Garcia "at this juncture."

Context of the Case

The court proceedings center on disputed claims. Whereas the Trump administration argues that Abrego Garcia is a member of the MS-13 gang, he categorically disputes this claim.

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

Conditions of Release

The judge, who was hearing his challenge to deportation in a federal court, determined that he must now comply with the conditions of his release from custody in Tennessee. This decision shifts his supervision to the jurisdiction handling his criminal case.

This decision represents a notable development in a complex immigration case featuring allegations of mistaken imprisonment and disputed gang affiliations.