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Federal judges have ordered the government to release migrants suspected of being violent gang members, drawing a rebuke from Trump officials who say the judges are endangering Americans.
Sigal Chattah, who is heading the U.S. attorney’s office in Las Vegas, said last week that a federal judge in Nevada ordered the Department of Homeland Security to release a convicted murderer and “known” MS-13 gang member who had a final deportation order lodged against him.
Ms. Chattah said the directive by U.S. District Judge Richard F. Boulware II, an Obama appointee, raised “serious public safety concerns.”
“We are deeply troubled by the risks posed to the public and will continue to pursue all lawful avenues to address those concerns and safeguard the community,” she said.
In Texas, another judge ordered the government to release Juan Carlos Garcia-Calderon despite government concerns that he had gang connections.
Both cases involve “habeas corpus” petitions, which are limited but powerful challenges to the government’s authority to arrest and detain.
The Washington Times has reported that the popularity of habeas corpus petitions has soared among attorneys of migrants snared in President Trump’s deportation surge.
Across the country, judges are freeing migrants after ruling that the government has stretched the laws governing immigration detention.
The gang members represent special cases.
Government officials say illegal immigrants who are deemed risks to public safety should — and can — be held until they are deported.
One government source said the gang releases aren’t isolated incidents.
“Some are being released with zero supervision,” the source told The Washington Times.
In the Nevada case, Judge Boulware agreed to let the Department of Homeland Security impose some “reasonable terms of supervision.” He sternly ordered the government to ensure that the man was free by Jan. 21. --->READ MORE HERE
A battle is underway about the release of a convicted murderer with ties to the MS-13 gang who previously entered the United States illegally. U.S. District Court Judge Richard Boulware II ordered the release of Harvey Laureano Rosales, 54, by Jan. 22.
In his Jan. 21 order, Boulware said the federal government violated Rosales’ due process rights in multiple ways, and noted he acknowledges Rosales’ criminal history, “while also acknowledging that he has served a lengthy sentence and been paroled for these crimes.”
Rosales is a citizen and national of El Salvador who entered the U.S. illegally at the age of 16 in 1987, became a member of MS-13, and spent more than half of his life incarcerated in the U.S., according to Boulware’s order.
Rosales was convicted of first-degree murder, two counts of attempted murder, use of a firearm, and possession of a firearm by an ex-felon, all deemed gang-related, in 1997. He received multiple life sentences, spent more than 25 years in prison, where he joined the Mexican Mafia prison gang, and was granted parole in November 2022, court documents show. Immigration authorities civilly detained Rosales by April 2023, according to court documents.
Rosales’ criminal history also includes 1996 convictions in California for possession/selling a sawed-off shotgun, and possession/manufacturing/selling a dangerous weapon, a 1997 arrest in Iowa for possession of controlled substances with intent to deliver and carry a concealed weapon, and another 1997 arrest in Colorado for illegal entry, court documents show.
Boulware wrote in his order that Rosales was no longer affiliated with MS-13 or the Mexican Mafia prison gang at the time of his release from prison.
Rosales was ordered removed to El Salvador after being paroled. He was then taken into ICE custody and has been detained for two and a half years, Boulware wrote.
The U.S. Attorney’s Office for the District of Nevada announced it will seek legal action on Friday after Boulware’s court order.
“We are deeply troubled by the risks posed to the public and will continue to pursue all lawful avenues to address those concerns and safeguard the community,” First Assistant U.S. Attorney Sigal Chattah said. --->READ MORE HERE
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