Federal Judge Appointed by Obama Orders Release of MS-13 Member with Violent Criminal History

Exclusive to Fox: A federal judge has mandated the release of an undocumented gang member with a history of illegal U.S. entries, including offenses like rape and robbery, according to Fox News Digital.

In a decision earlier this month, U.S. District Judge Susan Richard Nelson, appointed during the Obama administration, instructed the release of Carlos Antonio Flores-Miguel, an MS-13 affiliate from El Salvador, from the custody of U.S. Immigration and Customs Enforcement (ICE), as confirmed by the Department of Homeland Security (DHS).

“This decision by an activist judge appointed under Obama to release Carlos Antonio Flores-Miguel, a criminal immigrant from El Salvador and member of MS-13, from ICE custody is reckless,” remarked Acting Assistant Secretary Lauren Bis. “Allowing violent offenders to walk free is inexcusable and puts innocent Americans at risk of further crimes.”

Federal judges have ordered the release of Carlos Antonio Flores-Miguel, a known MS-13 affiliate from El Salvador, from immigration detention. (Images courtesy of Getty and the Department of Homeland Security)

The Biden administration had previously allowed Flores-Miguel to enter the United States in 2022, as stated by DHS.

On Jan. 20, he was arrested by ICE in Minneapolis, when he violently resisted by punching and kicking ICE law enforcement officers, authorities said. In addition, he allegedly grabbed an ICE officer’s gun holster. 

Among Flores-Miguel’s crimes in the U.S. include rape, resisting an officer, and illegal re-entry. He was previously arrested in his native country for robbery. 

“President Trump is enforcing the law and arresting illegal aliens who have no right to be in our country,” Bis 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.”

A U.S. Immigration and Customs Enforcement officer’s badge and gear.  (Michael Siluk/UCG/Universal Images Group via Getty Images)

Flores-Miguel illegally entered the U.S. in September 2016 and was deported the following month. He entered the U.S. illegally again and was removed in March 2017, DHS said. 

In October 2021, Flores-Miguel illegally entered the U.S. a third time and was released in June 2022. A judge subsequently ordered his deportation after ruling that Flores-Miguel could be removed to any country other than El Salvador.

His case “illustrated” the importance of third country removals to get criminal illegal immigrants out of the U.S., DHS said. 

A federal appeals court recently agreed to allow the Trump administration to continue to deport immigrants to nations other than their home countries, despite objections from critics who said the move puts migrants in danger. 

In her order, Nelson cited the administration for “recklessly” publishing Flores-Miguel’s photo on a DHS website, describing him as one of the “Worst of the Worst.”

“Respondents make no attempt to explain why Mexico, or any country, would agree to accept the ‘Worst of the Worst’,” she wrote. 

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