Name: Judge orders Kilmar Abrego Garcias immediate release from ICE custody
Uploaded: 2025-12-11T16:34:55.213Z
Duration: 1 min 48 s
Description: A Maryland judge has ordered the Trump administration to immediately release Kilmar Abrego Garcia from ICE custody. Abrego Garcia was wrongfully deported to El Salvador and was later detained for potential deportation to another country.

A Maryland judge has ordered the Trump administration to immediately release Kilmar Abrego Garcia from ICE custody. Abrego Garcia was wrongfully deported to El Salvador and was later detained for potential deportation to another country.

Washington

A federal judge in Maryland has ordered the immediate release of Kilmar Abrego-Garcia from ICE custody, ruling that his detention was unlawful. Abrego-Garcia, a Salvadoran national, was previously deported despite having an order of protection against removal and was later brought back to the U.S. to face criminal charges.

The judge determined that the government lacked statutory authority to remove Abrego-Garcia to a third country without a valid removal order, making his continued detention inconsistent with due process. The administration had attempted to send him to countries such as Uganda and Eswatini, but the court found these actions unauthorized.

Judge orders Kilmar Abrego Garcia's immediate release from ICE custody

We've got some breaking news. A judge has ordered Kilmar Abrego-Garcia to be released from ICE custody immediately. CBS News immigration and politics reporter Camilo Montoya-Galvaz is back with me. So what can you tell us about this? As you underscored, Vlad, a federal judge in Maryland has decided that the detention of Abrego-Garcia by ICE is unlawful and that that agency has to release him immediately. Abrego-Garcia is, of course, the Salvadoran man who was wrongfully deported to his home country back in March as part of a U.S. deportation effort, despite the fact, Vlad, that he had an order of protection from being deported to his home country back during the first Trump administration in 2019. The Trump administration this time around acknowledged that it made a legal mistake in deporting him to that country, but for months it refused to bring him back. It only brought him back in June so he could face criminal charges related to allegations that he smuggled undocumented immigrants into the U.S. along the U.S.-Mexico border. He was order-released from that criminal trial and to await that trial outside of detention, but subsequently ICE took him again into custody. He is now being held at an ICE detention center in Pennsylvania. The administration has tried to remove Abrego-Garcia to a third country, proposing to send them to African countries like Uganda and Eswatini, but the judge importantly said in her order, Vlad, and I quote, because respondents, meaning the government, have no statutory authority to remove Abrego-Garcia to a third country absent a removal order, a deportation order, his removal cannot be considered reasonably foreseeable, imminent, or consistent with due process, although respondents may eventually get it right, they have not as of today. Wow, all right, Camilo, with the breaking news for us, thanks for jumping in, appreciate it.

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