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Comment by viraptor

8 months ago

> He's an illegal ...

Edit; see below for details

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...

  • Interesting. More details about that status can be found here 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.

    • "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/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.

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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.