Judge Orders Immediate Release of Kilmar Abrego Garcia from ICE Custody

Unlawful Detention by ICE

• ⚖️ A federal judge in Maryland has ruled that the detention of Kilmar Abrego Garcia by ICE is unlawful.
• ⚡ The judge has ordered ICE to immediately release Abrego Garcia from custody.

Wrongful Deportation and Re-detention

• 🇪🇸 Kilmar Abrego Garcia, a Salvadoran man, was wrongfully deported to his home country in March.
• 🛡️ This occurred despite him having an order of protection against deportation to his home country since 2019.
• criminal charges related to allegations of smuggling undocumented immigrants into the US.
• ⛓️ After being ordered released from criminal trial outside of detention, ICE took him back into custody.

Legal Basis for Release

• 🚫 The judge stated that the government lacks statutory authority to remove Abrego Garcia to a third country without a deportation order.
• ⚖️ The judge emphasized that his removal is not considered reasonably foreseeable, imminent, or consistent with due process.
• 🗓️ While the government may eventually obtain the correct orders, they do not have the authority as of today.