Comment by flanked-evergl
8 months 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...
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.
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.
2 replies →
> you're allowed to reside and work.
False on both counts and contradictory to the source you cite. There is no right to reside, and you could only work if you were additionally authorised.
> "Withholding of removal" is a form of legal status.
In the same sense as trespassing is a legal status. The way in which it is not a legal status is that he does not have the status of legally residing in the US.
9 replies →