A federal court decision has ignited outrage after an Obama-appointed judge ordered the release of Carlos Antonio Flores-Miguel, a convicted criminal and MS-13 gang member, from U.S. Immigration and Customs Enforcement (ICE) custody.
Flores-Miguel, a Salvadoran national, was taken into ICE custody on Jan. 20 during a targeted operation in Minneapolis, Minnesota.
Authorities say he violently resisted arrest by punching and kicking officers and attempting to grab an ICE agent’s gun holster.
Despite his aggressive behavior, Judge Susan Richard Nelson ordered his immediate release, citing administrative delays and legal technicalities.
Flores-Miguel’s criminal record in the U.S. is extensive, including rape, resisting law enforcement, and multiple illegal re-entries. He was also arrested in El Salvador for robbery.
After first entering the U.S. in September 2016 and being quickly deported, Flores-Miguel returned illegally in 2017 and was removed again under the Trump administration.
His third illegal entry occurred in October 2021, after which he was released in June 2022 under the Biden administration.
According to the Department of Homeland Security (DHS), a judge later issued a final removal order, determining he could be sent to a country other than El Salvador.
Flores-Miguel’s ties to MS-13 add further concern. MS-13 is widely known for violent crimes including murder, drug trafficking, and extortion.
ICE officials have repeatedly emphasized that gang members pose a high risk to communities and that the removal of such individuals is a priority to protect public safety.
Acting Assistant Secretary for ICE Lauren Bis condemned the ruling, describing it as “inexcusably reckless.”
She emphasized that Flores-Miguel had already been released under the previous administration and warned the public about the potential for further crimes.
“This gang member was previously RELEASED by the Biden Administration in 2022,” she said in a statement. “Releasing violent criminals is inexcusably reckless and now this criminal will be able to perpetrate more crimes against innocent Americans.”
Bis underscored that the Trump administration is committed to enforcing the law as written.
“President Trump is enforcing the law and arresting illegal aliens who have no right to be in our country,” she said. “We are applying the law as written. If an immigration judge finds an illegal alien has no right to be in this country, we are going to remove them. Period.”
Judge Nelson’s ruling referenced delays during Flores-Miguel’s transfers between federal and criminal custody.
“The Court finds that release is the appropriate remedy here and orders the immediate release of Carlos,” she wrote, according to OANN.
Critics argue the decision prioritizes procedural concerns over public safety, noting that delays in custody should not override the risks posed by violent offenders.
DHS officials stress that the case highlights the importance of third-country removals to prevent criminal illegal aliens from remaining in the U.S.
They note that current immigration law provides clear authority to remove individuals who pose a threat, and enforcement measures will continue to prioritize dangerous offenders.
The repeated illegal entries by Flores-Miguel illustrate the challenges of gaps in enforcement and the ongoing need for strict adherence to removal orders.
Conservative commentators argue that this case reflects a broader pattern of judicial activism that hinders efforts to remove criminal aliens, threatening the safety of communities nationwide.
They emphasize that maintaining strict immigration enforcement and upholding removal orders is critical to preventing violent criminals from exploiting legal loopholes and returning to the streets.
