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- By David Fisher
- 15 May 2026
A court has ruled the immediate release of Kilmar Abrego Garcia from detention by ICE, concluding his ongoing confinement lacks legal authority.
"Since his release after wrongful imprisonment in El Salvador, he has been taken back into custody, again without legal justification," the judge wrote in her ruling.
The situation originates in a erroneous deportation to El Salvador in March, which the government later admitted was an error. Following his return to the United States to answer alien smuggling allegations, he was held in immigration custody.
In her order, the court noted that the authorities lacks a current removal order, which effectively blocks them from deporting Mr. Abrego Garcia "at this juncture."
The legal proceedings involve conflicting assertions. Whereas the former administration argues that Abrego Garcia is a affiliate of the MS-13 gang, he vehemently denies this claim.
He has also entered a not guilty plea to the smuggling counts, which are part of a ongoing trial in Tennessee.
The court, who was hearing his challenge to deportation in a federal court, ruled that he must now adhere to the terms of his bond from custody in Tennessee. This decision shifts his supervision to the Tennessee court.
This ruling represents a significant development in a complex legal case featuring claims of wrongful detention and contested gang affiliations.