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.
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.
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.
Have you got the actual court decision about the crime? Not police accusations or similar - confirmation he was actually judged and found guilty in court?
> 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.
Here, I’ll quote my source again.
> 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.
I’ve seen you claim 1+1=3 all over this thread, so the gaslighting isn’t gonna work.
> In the same sense as trespassing is a legal status.
No. In the same sense that you’re allowed to stay in a homeless shelter legally for a while, but not necessarily forever.
Your source is wrong.
https://www.tahirih.org/wp-content/uploads/2015/07/Withholdi...
MY CLIENT HAS BEEN GRANTED WITHHOLDING OF REMOVAL… NOW WHAT?
Your client may apply for an Employment Authorization Document by using the form I765 available on the USCIS website (www.uscis.gov). Her Employment Authorization Document will then be sent to her most recent address on file with USCIS. It is therefore important to make sure that not only the court but also USCIS is informed of any changes in her address through use of the form AR-11 (also available on the USCIS website). The EAD is only issued for one year at a time and should be renewed with ample time (at least three months) to allow for processing.
https://immigrationequality.org/asylum/asylum-manual/immigra...
> An applicant who has won withholding of removal does not receive as many benefits as an asylee. The individual can seek work authorization
https://immigrationequality.org/asylum/asylum-manual/withhol...
> they must have a valid CIS-issued employment authorization document in order to work lawfully in the United States.
---
Not one single claim I made is false, while this whole thread is in response to a blatantly false claim, that an innocent man was deported. You should check the mirror.
It's been pointed out, over and over again, that our system presumes innocence until convicted in a court of law. You know this. Don't pretend otherwise.
Until the government finds a different country to send him to, he's here legally. He's not breaking any law by remaining while awaiting that. Your source backs me up, in its first paragraph - "he can now safely remain in this country".
He had the required work authorization, as well.
https://wtop.com/maryland/2025/04/us-judge-to-question-trump...
> He also was given a federal permit to work in the United States, where he was a metal worker and union member, according to Abrego Garcia’s lawyers.
A court has ruled that someone broke the law, though; the administration. As upheld by SCOTUS, even.
https://www.supremecourt.gov/opinions/24pdf/24a949_lkhn.pdf
> The United States acknowledges that Abrego Garcia was subject to a withholding order forbidding his removal to El Salvador, and that the removal to El Salvador was therefore illegal.
Here is the initial ruling against him for being present in the US illegally:
https://storage.courtlistener.com/recap/gov.uscourts.mdd.578...
> The Respondent was arrested in the company of other > > ranking gang members and was confirmed to be a ranking member of the MS-13 gang by a > > proven and reliable source.
The same ruling was upheld on appeal which specifically upheld the finding of him being part of MS-13, and in the US illegally: https://storage.courtlistener.com/recap/gov.uscourts.mdd.578...
He had his day in court, twice, he was not innocent. I never contended that the government did not wrongfully deport him, not once, but that does not make him innocent. He is still an MS-13 member that is illegally in the US and subject to deportation at the pleasure of the executive.
Word games aren't going to change the facts.
That's not a criminal court; it's a wing of the Executive. They don't make guilty/not-guilty determinations at all. https://en.wikipedia.org/wiki/Immigration_judge_(United_Stat...
The proceedings are administrative, the people are "respondents" instead of "defendants", etc. https://en.wikipedia.org/wiki/Removal_proceedings
You're also citing the government's assertions. If assertions were enough to deem someone a convicted criminal, we wouldn't need trials. It has never been proven, "beyond a reasonable doubt", that he was a member of MS-13.
The "proven and reliable source" they cite is a corrupt cop. https://newrepublic.com/article/194010/kilmar-abrego-garcia-...
> The Maryland police officer who formally attested to Abrego Garcia’s supposed gang affiliation in 2019—when he was detained the first time—was subsequently suspended from the force for a serious transgression: giving confidential information about a case to a sex worker, The New Republic has established.
Your two citations also preceed his being granted withholding of removal. At the time of his deportation, he had legal status here, until they found a valid place to send him. The deportation - again, per SCOTUS - was the illegal bit.
https://www.poynter.org/fact-checking/2025/kilmar-abrego-gar...
> But in Abrego Garcia’s case, to revoke his protections, the U.S. government “would have been required under law to reopen his immigration court proceedings and prove to the judge that he was a member of MS-13 and therefore no longer eligible for withholding.”
> The deportation - again, per SCOTUS - was the illegal bit.
Never disputed this. Why do you keep returning to this when it is not in question? Do you not get how the US could deport someone and the person still not be innocent, being an MS-13 gang member and an illegal alien?
> Why do you keep returning to this when it is not in question?
Because you keep falsely claiming the guy is a criminal. He has not been convicted of any crime; his membership in MS-13 is an allegation only. (And a shaky one.) Until convicted of a crime, our system presumes him to be innocent.
The only demonstrably, provably, without-a-doubt illegal act here was the deportation.
We deport and refuse entry to non-criminals (including for plenty of non-criminal acts, or even just vibes) all the time. It doesn't prove guilt.
> The only demonstrably, provably, without-a-doubt illegal act here was the deportation.
This is false. You and I know that it is provably, without-a-doubt, that he entered the US illegally and was remaining in the US illegally. There is nobody disputing this.
> You and I know that it is provably, without-a-doubt, that he entered the US illegally and was remaining in the US illegally.
No one has charged him, let alone convicted him, of a crime for entering the country as a minor. He has no criminal record. That's a fact.
You and I know he received withholding of removal (and a work permit!). His remaining here at that point was legal, albeit potentially temporary.
The Supreme Court of the United States has ruled the deportation an illegal act. No portion of the judicial branch has yet weighed in on Garcia's actions.