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Obama-Appointed Judge Orders Release of MS-13 Member from ICE Custody

A federal judge appointed by former President Obama has ordered the release of Carlos Antonio Flores-Miguel, an MS-13 gang member with a history of violent crime, from U.S. Immigration and Customs Enforcement (ICE) custody, the Department of Homeland Security (DHS) confirmed.

Criminal History and ICE Arrest

Flores-Miguel, originally from El Salvador, has a documented criminal record including rape, robbery, and violent resistance to law enforcement. He was arrested by ICE officers in Minneapolis on January 20, 2026, after violently resisting arrest by punching and kicking agents and attempting to grab an officer’s gun holster.

He illegally entered the United States multiple times: first in September 2016, then again in March 2017, and a third time in October 2021. After his 2021 entry, Flores-Miguel was released in June 2022 under the Biden administration and was subject to a deportation order allowing removal to countries other than El Salvador.

Legal and Policy Implications

Judge Susan Richard Nelson criticized the DHS for publishing Flores-Miguel’s photo on a government website, labeling him among the “Worst of the Worst,” and questioned why any country would accept him under third-country removal policies.

The case highlights ongoing debates over immigration enforcement policies, specifically the “third country” deportation strategy upheld by a federal appeals court, which allows removing immigrants to nations other than their home countries.

Acting Assistant Secretary Lauren Bis condemned the judge’s release order, stating it permits a dangerous individual to remain free and potentially commit further crimes. She emphasized the Trump administration’s commitment to enforcing existing immigration laws and removing individuals judged to have no legal right to remain in the U.S.

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Obama-Appointed Judge Orders Release of MS-13 Member from ICE Custody

Obama-Appointed Judge Orders Release of MS-13 Member from ICE Custody