ISTANBUL

A US federal judge ordered the "immediate release" of a Salvadoran man from Immigration and Customs Enforcement (ICE) custody on Thursday, ruling his detention was unlawful.

US District Judge Paula Xinis for the District of Maryland ruled Kilmar Armando Abrego Garcia had been held for "third-country removal" without a valid removal order.

"The Court orders Respondents to release Abrego Garcia from ICE custody immediately," Xinis wrote in her decision.

"Because Abrego Garcia has been held in ICE detention to effectuate third-country removal absent a lawful removal order, his requested relief is proper," she said.

White House vows to appeal

White House spokesperson Karoline Leavitt said the Trump administration will appeal the federal court order.

Leavitt told reporters that the administration opposes "this activism from a judge ... which we've unfortunately seen in many cases across the country."

She said Abrego Garcia entered the country "illegally" and characterized him as a "human traffiker" and "gang member."

"The administration has evidence of that, and as you saw from the Department of Homeland Security, they issued a statement saying they'll continue to fight this legal battle in court," added Leavitt.

Abrego Garcia, a national of El Salvador, came to the US in 2012 at age 16 to avoid persecution by the Barrio 18 gang. An immigration judge granted him protection from removal in 2019.

Despite that order, ICE agents arrested Abrego Garcia in March and expelled him to El Salvador, where he was detained in the notorious CECOT prison. A previous court order secured his return to the US in June.

After his return, he was indicted in the state of Tennessee on charges related to transporting migrants, which his lawyers call "vindictive and selective prosecution."