Judge orders immediate release of Kilmar Abrego Garcia from immigration detention
Kilmar Abrego Garcia speaks during a rally and prayer vigil for him before he enters a U.S. Immigration and Customs Enforcement (ICE) field office on August 25, 2025 in Baltimore, Maryland. (Andrew Harnik/Getty Images)
(NEW YORK) — A federal judge has ordered the immediate release of Kilmar Abrego Garcia from immigration detention.
U.S. District Judge Paula Xinis said in her order Thursday that “since Abrego Garcia’s wrongful detention in El Salvador, he has been re-detained, again without lawful authority.”
Xinis said that the absence of a removal order prevents the government from removing Abrego Garcia from the United States.
Abrego Garcia, a Salvadoran native who had been living in Maryland with his wife and children, was deported in March to El Salvador’s CECOT mega-prison — despite a 2019 court order barring his deportation to that country due to fear of persecution — after the Trump administration claimed he was a member of the criminal gang MS-13, which he denies.
He was brought back to the U.S. in June to face human smuggling charges in Tennessee, to which he has pleaded not guilty.
After being released into the custody of his brother in Maryland pending trial, he was again detained by immigration authorities and is currently being held in a detention facility in Pennsylvania.
Department of Homeland Security spokesperson Tricia McLaughlin said in a social media post following the ruling, “This is naked judicial activism by an Obama appointed judge. This order lacks any valid legal basis and we will continue to fight this tooth and nail in the courts.”
Last month, the federal government — seeking to deport Abrego Garcia to the West African nation of Liberia — asked Xinis to dissolve a ban on his removal to that country, saying it had received assurances from the Liberian government that he would not be persecuted or tortured should he be deported there.
In her order Thursday, Judge Xinis directed the government to notify Abrego Garcia of the exact time and location of his release and to notify the court no later than 5 p.m. ET today.
In the 31-page order granting Abrego Garcia’s habeas petition, Xinis detailed Abrego Garcia’s removal to El Salvador, his return to the U.S. to face criminal charges, and his re-detention in immigration custody.
“The circumstances of Abrego Garcia’s detention since he was released from criminal custody cannot be squared with the ‘basic purpose’ of holding him to effectuate removal,” Xinis said.
Xinis, citing reporting from ABC News and others, said the government at the same time could have removed Abrego Garcia to Costa Rica, his preferred country of removal.
“Respondents’ calculated effort to take Costa Rica ‘off the table’ backfired,” Xinis wrote. “Within 24 hours, Costa Rica, through Minister Zamora Cordero, communicated to multiple news sources that its offer to grant Abrego Garcia residence and refugee status is, and always has been, firm, unwavering, and unconditional.”
“Respondents serially ‘notified’ Abrego Garcia — while he sat in ICE custody — of his expulsion to Uganda, then Eswatini, then Ghana; but none of these countries were ever viable options,” Xinis wrote.
The judge said Abrego Garcia will receive instruction from the United States Pretrial Services Office on the release conditions previously imposed in his criminal case.
Xinis in August blocked the government from removing Abrego Garcia from the United States until the habeas case challenging his removal was resolved in court.
“The history of Abrego Garcia’s case is as well known as it is extraordinary,” Xinis wrote in her decision Thursday.
(WASHINGTON) — Federal officials on Thursday morning revealed more details about the attack that left two National Guard members in critical condition in an apparent “targeted shooting” near the White House.
U.S. Attorney Jeanine Pirro, the top federal prosecutor for the nation’s capital, identified the two wounded members of the West Virginia National Guard as Sarah Beckstrom, 20, and Andrew Wolfe, 24.
The shooting took place around 2:15 p.m. on Wednesday near the Farragut West Metro station.
Pirro said the suspect, Rahmanullah Lakanwal, allegedly drove cross-country from Washington state to target the guard members.
She said the suspect, an Afghan national, ambushed the guard members, opening fire with a .357 Smith & Wesson revolver.
“One guardsman is struck, goes down, and then the shooter leans over and strikes the guardsman again. Another guardsman is struck several times,” she said.
Other National GuaU.S. Army Specialist Sarah Beckstrom, one of two West Virginia National Guard members wounded in a “targeted shooting” near the White House on Wednesday, has died, President Donald Trump said Thursday.
Trump made the announcement as he made calls to the U.S. military on Thanksgiving.
Beckstrom, 20, was a “highly respected, young, magnificent person,” Trump said. “She’s just passed away. She’s no longer with us. She’s looking down at us right now. Her parents are with her. It’s just happened.”
The other wounded National Guard member, Andrew Wolfe, 24, remains in critical condition.
“The other young man is fighting for his life,” Trump said. “He’s in very bad shape. He’s fighting for his life.”
U.S. Attorney Jeanine Pirro, the top federal prosecutor for the nation’s capital, posted a statement on social media following Trump’s announcement.
“Our hearts and prayers go out to the family of 20-year-old Sarah Beckstrom of the National Guard — a hero who volunteered to serve DC on Thanksgiving for people she never met and gave the ultimate sacrifice,” Pirro said in the post. “May she rest in peace. It is now time to avenge her death and secure justice.”
Earlier Thursday, federal officials revealed more details about the attack and the suspected shooter.
The shooting took place around 2:15 p.m. on Wednesday near the Farragut West Metro station.
Pirro said the suspect, Rahmanullah Lakanwal, drove from Washington state to target the guard members.
She said the suspect, an Afghan national, ambushed the Guard members, opening fire with a .357 Smith & Wesson revolver.
“One Guardsman is struck, goes down, and then the shooter leans over and strikes the Guardsman again. Another Guardsman is struck several times,” she said.
Other National Guard members quickly responded and helped subdue the suspected shooter after he was shot by a Guard member, she said.
West Virginia Gov. Patrick Morrisey went to D.C. Wednesday night and visited the Guard members in the hospital overnight, according to his office.
“I’m asking every West Virginian to pray for our two Guardsmen as their families, friends, and neighbors struggle with this unspeakable tragedy,” Morrisey said in a statement.
The governor also met with the president to discuss the investigation.
“These facts demand a comprehensive investigation so we can bring those responsible to justice. We will continue working closely with federal authorities to get clear answers,” Morrisey said.
In an interview on Thanksgiving, Morrisey told ABC News’ D.C. affiliate WJLA that the two Guardsmen had volunteered for their mission in the nation’s capital.
The governor said he spoke to Trump and top administration officials the night of the shooting about the ongoing investigation.
“They want to have a complete investigation, and they want to get to the bottom of this. I think people want justice, people want accountability, and that is a theme that’s shared throughout the highest levels of the administration,” Morrisey said. “And I think everyone’s sickened to death by what happens, but now we have to show respect and go through the judicial process, uphold the rule of law and make sure at the end, there’s accountability for what’s been done.”
Morrisey said the West Virginia National Guard takes pride in its mission in Washington.
“The Guardsmen that are here, they all volunteered for the mission. These are people that wanted to serve because they know that the mission was good,” he said. “People were working to reduce crime. Well, they were succeeding in their mission. One of the talks I had with the president was about that very point that their mission was succeeding. The Guard knew that that was happening. So this is something that matters a lot. It’s our nation’s capital. So people were very enthusiastic about it.”
Brig. Gen. Leland D. Blanchard II, commander of the D.C. National Guard, was emotional as he talked about the struggles Beckstrom and Wolfe’s families were facing as other Americans celebrated the Thanksgiving holiday.
“Regardless of the outcome, we know that their lives, their family lot, their families, lives are all changed forever because one person decided to do this horrific and evil thing,” he said.
Pirro said that the suspect will be charged with several counts, including assault with intent to harm and criminal possession of a weapon. She noted that those charges could change depending on the fate of the wounded guard members.
The suspect’s motive is still unclear, according to officials, speaking at a news conference.
FBI Director Kash Patel told reporters the probe is “ongoing investigation of terrorism.”
Investigators searched the suspect’s Bellingham, Washington, home and interviewed tenants for more information, according to Patel. Patel also said interviews were taking place in San Diego, but declined to provide further details.
He noted that the FBI received confirmation from the Department of Defense and CIA “that the subject had a relationship in Afghanistan with partner forces.”
“We are fully investigating that aspect of his background as well, to include any known associates that are either overseas or here in the United States of America,” Patel said.
Lakanwal, who Pirro said had a wife and five children, came to the United States in 2021 under the Biden administration, Homeland Security Kristi Noem said in a statement Wednesday evening.
He applied for asylum in 2024 and was granted that status in April of this year, under the Trump administration, according to three law enforcement sources.
“He previously worked with the USG, including CIA, as a member of a partner force in Kandahar that ended in 2021 following the withdrawal from Afghanistan,” CIA Director John Ratcliffe said in a statement.
“[The suspect] would have been vetted against classified and unclassified holdings when he came here and as part of the asylum process,” said ABC News contributor John Cohen, former head of intelligence for the Department of Homeland Security and a former U.S. counterterrorism coordinator.
“He was actually granted asylum under the Trump administration … This does raise the question whether the administration is focusing enough on terrorism threats versus civil immigration enforcement.”
President Donald Trump and first lady Melania Trump are spending Thanksgiving at his Mar-a-Lago club in Florida and were not at the White House during the time of the incident.
Trump released a video statement Wednesday night calling the shooting an “act of hatred,” and ordering the reexamination of all Afghan immigrants admitted under the Biden administration.
He also ordered an additional 500 Guard troops to be deployed to D.C. Trump planned on making a traditional phone call to members of the military Thursday night, but it was not immediately known if he would speak to any National Guard members.
The National Guard was deployed to the nation’s capital as part of Trump’s federal takeover of the city and crime crackdown in August. According to the most recent update, there were 2,188 Guard personnel assigned to D.C.
On Tuesday, during the traditional turkey pardoning at the White House, Trump touted his administration’s takeover of D.C. streets. He said it was “one of our most unsafe places anywhere in the United States. It is now considered a totally safe city.”
“You could walk down any street in Washington and you’re going to be just fine. And I want to thank the National Guard. I want to thank you for the job you’ve done here is incredible,” Trump said at the event.
ABC News’ Ahmad Hemingway and Alex Presha contributed to this report.
(ONTARIO, Calif.) — The driver of a semi-truck that slammed into multiple vehicles, killing three people, on a California highway was allegedly under the influence of drugs, authorities said.
The driver — identified by authorities as 21-year-old Jashanpreet Singh — was booked for vehicular manslaughter and driving under the influence of drugs in connection with Tuesday’s chain-reaction crash on Interstate 10 in Ontario, according to the California Highway Patrol.
He is in the United States illegally and an immigration detainer has also been placed on him, according to the Department of Homeland Security.
Authorities said Singh was driving a Freightliner semi-truck and failed to stop in time when traffic in his lane had slowed or stopped Tuesday afternoon. Three people were killed and at least four others injured in the multi-vehicle crash, police said.
Dash camera footage of the crash showed the truck slam into multiple vehicles in a fiery crash, then veer off into the shoulder and ram into additional vehicles before coming to a stop.
Eight vehicles, including four commercial vehicles, were involved in the crash, police said.
“This is sadly a reminder of how precious life is and how fast it could be taken away at the hands of somebody who is driving irresponsibly, somebody who is impaired,” California Highway Patrol Officer Rodrigo Jimenez told Los Angeles ABC station KABC.
Singh, of Yuba City, is being held without bail and is scheduled to appear in court on Thursday, online jail records show.
Immigration and Customs Enforcement has also lodged an arrest detainer for Singh, according to DHS, which said he is in the U.S. illegally from India, entering through the southern border in 2022.
“This tragedy follows a disturbing pattern of criminal illegal aliens driving commercial vehicles on American roads, directly threatening public safety,” DHS said on X.
When contacted for information on the truck driver’s commercial license, a California Highway Patrol spokesperson told ABC News they are not releasing any further information on Singh at this time.
Singh has a valid commercial driver’s license that expires in October 2026, KABC reported, according to the California Department of Motor Vehicles.
Transportation Secretary Sean Duffy reacted with outrage to the incident.
“This is exactly why I set new restrictions that prohibit ILLEGAL IMMIGRANTS from operating trucks,” he said on X on Thursday.
Since taking office, Duffy has issued an order announcing new guidelines to strengthen English language enforcement for commercial truck operators, following an executive order from President Donald Trump that reinforced English requirements for truck drivers.
Last week, Duffy said the Transportation Department will withhold $40 million from California after an investigation found it to be the only state failing to enforce English language requirements for truckers.
“This is exactly why @USDOT has withheld $40 MILLION from California for failure to comply with our rules to protect drivers,” Duffy said on X on Wednesday in response to the deadly crash. “We cannot allow our roads to be a dangerous place!”
The investigation came after a deadly Florida collision in August involving a foreign truck driver who authorities said made an illegal U-turn on a highway and caused a crash that killed three people. The driver was charged with three counts of vehicular homicide.
Florida authorities have said the driver, who is from India, entered the country illegally from Mexico in 2018.
When interviewed, the driver did not speak English, according to DOT. He had been issued a non-domiciled commercial driver’s license by California in 2024, as well as a regular commercial driver’s license by Washington state in 2023, DOT said.
California officials said he had a valid work permit at the time.
In September, Duffy announced stricter eligibility requirements for noncitizens seeking non-domiciled commercial learner’s permits and commercial driver’s licenses.
(NEW YORK) — Patrick Brady, a New York City firefighter, had a “medical episode” while battling a five-alarm fire in Brooklyn on Saturday and later died at the hospital, officials said.
Brady, 42, was an 11-year veteran of the department, FDNY Commissioner Robert S. Tucker said in a joint press release with Mayor Eric Adams.
“Firefighter Patrick Brady gave his life protecting the city we all love; there is no sacrifice that is more selfless than the actions that took place this evening,” Adams said in a statement.
Brady had been battling a fire on the roof of 9407 Kings Highway in Brooklyn on Saturday when he had a “medical episode” and went into cardiac arrest, the department said. He was treated on the scene and then rushed to Brookdale hospital, where he later died, officials said.
“A resident of Queens, he is survived by his wife, Kara, and his two brothers, Jimmy and Brian, who are both FDNY Firefighters,” the department said. Other members of his family, including cousins and uncles, are also FDNY Firefighters, according to the department.
“This family is a firefighter family,” Adams said during a somber press conference held at Brookdale hospital in Brooklyn early Sunday morning.
“They’ve been dedicated to protecting the lives of New Yorkers, and we will all cherish Patrick’s memory,” Adams added.
