U.S. District Judge Paula Xinis on Thursday ordered the release of Kilmar Abrego Garcia from Immigration and Customs Enforcement (ICE) custody.
Abrego Garcia, a Salvadoran national residing in Maryland, had been in ICE detention since August. His case has drawn attention following previous government actions related to his immigration status.
Background
In the spring, Abrego Garcia was deported to a facility in El Salvador, an action that occurred despite a standing judge's order. The U.S. government subsequently returned him to the United States. Upon his return, he was detained again on human smuggling charges, to which he has entered a plea of not guilty.
Judge's Ruling
Judge Xinis's ruling cited the absence of a "final removal order" for Abrego Garcia. She noted that attempts were made to deport him to various countries in Africa without clear justification, even though Abrego Garcia had expressed willingness to be deported to Costa Rica.
The judge stated in her order that the government's actions over recent months did not align with the stated purpose of detention being for the effectuation of removal. This finding contributed to the decision that Abrego Garcia should no longer be held.
Release Conditions
Abrego Garcia's release is subject to conditions stemming from the criminal charges he faces in Tennessee.