6 ms·

He's an illegal who had a credible (like actually credible, like you could pitch it to someone in the year 2002, not the flimsy 2020s BS) claim for asylum but d

He's an illegal who had a credible (like actually credible, like you could pitch it to someone in the year 2002, not the flimsy 2020s BS) claim for asylum but didn't file in time. He was eventually caught up in the system for reasons not related to the commission of any crime. ICE looked at his case, and gave him a "we won't deport you because your case is pending" status.

viraptor 2y ago
> He's an illegal ... Edit; see below for details
- potato3732842 2y ago
  I don't disagree, but I bet ICE doesn't see it that way. I mean why else would someone who's been granted a legal status pending his case wind up on their list of people to roll up on.
- flanked-evergl 2y ago
  This is false. He has no legal status [1]. He could be removed, just not to El Salvador. That does not give him legal status or make him a resident. [1]: https://www.lawfaremedia.org/article/abrego-garcia-and-ms-13--what-do-we-know https://www.lawfaremedia.org/article/abrego-garcia-and-ms-13...
  - viraptor 2y ago
    Interesting. More details about that status can be found here https://immigrationequality.org/asylum/asylum-manual/immigration-basics-withholding-of-removal/ https://immigrationequality.org/asylum/asylum-manual/immigra... I've heard the legal status mentioned by an online-person-who-should-know-better. I'll let them know.
    - ceejayoz 2y ago
      "Withholding of removal" is a form of legal status. They can deport you (if they find a willing third party nation), as it's not a path to permanent resident status, but until they do so, you're allowed to reside and work. https://www.americanimmigrationcouncil.org/sites/default/files/research/the_difference_between_asylum_and_withholding_of_removal.pdf https://www.americanimmigrationcouncil.org/sites/default/fil... > As in the case of asylum, a person who is granted withholding of removal is protected from being returned to his or her home country and receives the right to remain in the United States and work legally. But at the end of the court process, an immigration judge enters a deportation order and then tells the government they cannot execute that order. That is, the “removal” to a person’s home country is “withheld.” However, the government is still allowed to deport that person to a different country if the other country agrees to accept them. > Withholding of removal provides a form of protection that is less certain than asylum, leaving its recipients in a sort of limbo. A person who is granted withholding of removal may never leave the United States without executing that removal order, cannot petition to bring family members to the United States, and does not gain a path to citizenship. And unlike asylum, when a family seeks withholding of removal together a judge may grant protection to the parent while denying it to the children, leading to family separation.
      - viraptor 2y ago
        So this is a bit weird. The initial claim seems not well defined, because "legal" / "illegal" person is not really a thing without more context, so you can interpret it in many ways. The main takeaway though is "after the hearing, he's not breaking any rules by staying and working in the country". That's legal enough for me for a casual comment - I'll stay with my original then - he entered illegally and afterwards was allowed to legally remain.
        flanked-evergl 2y ago
        This is simply false. He broke the law, was a criminal, had no right to reside in the US. Saying he was innocent is also simply false.
        2y ago
flanked-evergl 2y ago
Citation for this: https://www.lawfaremedia.org/article/abrego-garcia-and-ms-13--what-do-we-know https://www.lawfaremedia.org/article/abrego-garcia-and-ms-13... And that does make the deportation erroneous, that does not make him innocent.

viraptor 2y ago

> He's an illegal ... Edit; see below for details

potato3732842 2y ago
I don't disagree, but I bet ICE doesn't see it that way. I mean why else would someone who's been granted a legal status pending his case wind up on their list of people to roll up on.
flanked-evergl 2y ago
This is false. He has no legal status [1]. He could be removed, just not to El Salvador. That does not give him legal status or make him a resident. [1]: https://www.lawfaremedia.org/article/abrego-garcia-and-ms-13--what-do-we-know https://www.lawfaremedia.org/article/abrego-garcia-and-ms-13...
- viraptor 2y ago
  Interesting. More details about that status can be found here https://immigrationequality.org/asylum/asylum-manual/immigration-basics-withholding-of-removal/ https://immigrationequality.org/asylum/asylum-manual/immigra... I've heard the legal status mentioned by an online-person-who-should-know-better. I'll let them know.
  - ceejayoz 2y ago
    "Withholding of removal" is a form of legal status. They can deport you (if they find a willing third party nation), as it's not a path to permanent resident status, but until they do so, you're allowed to reside and work. https://www.americanimmigrationcouncil.org/sites/default/files/research/the_difference_between_asylum_and_withholding_of_removal.pdf https://www.americanimmigrationcouncil.org/sites/default/fil... > As in the case of asylum, a person who is granted withholding of removal is protected from being returned to his or her home country and receives the right to remain in the United States and work legally. But at the end of the court process, an immigration judge enters a deportation order and then tells the government they cannot execute that order. That is, the “removal” to a person’s home country is “withheld.” However, the government is still allowed to deport that person to a different country if the other country agrees to accept them. > Withholding of removal provides a form of protection that is less certain than asylum, leaving its recipients in a sort of limbo. A person who is granted withholding of removal may never leave the United States without executing that removal order, cannot petition to bring family members to the United States, and does not gain a path to citizenship. And unlike asylum, when a family seeks withholding of removal together a judge may grant protection to the parent while denying it to the children, leading to family separation.
    - viraptor 2y ago
      So this is a bit weird. The initial claim seems not well defined, because "legal" / "illegal" person is not really a thing without more context, so you can interpret it in many ways. The main takeaway though is "after the hearing, he's not breaking any rules by staying and working in the country". That's legal enough for me for a casual comment - I'll stay with my original then - he entered illegally and afterwards was allowed to legally remain.
      - flanked-evergl 2y ago
        This is simply false. He broke the law, was a criminal, had no right to reside in the US. Saying he was innocent is also simply false.
        2y ago

flanked-evergl 2y ago

Citation for this: https://www.lawfaremedia.org/article/abrego-garcia-and-ms-13--what-do-we-know https://www.lawfaremedia.org/article/abrego-garcia-and-ms-13... And that does make the deportation erroneous, that does not make him innocent.