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Federal judges across the country have ordered the release of migrants with suspected gang affiliations, sparking criticism from Trump administration officials who warn the decisions endanger public safety. Sigal Chattah, leading the U.S. attorney’s office in Las Vegas, announced that U.S. District Judge Richard F. Boulware II ordered the Department of Homeland Security to release a convicted murderer identified as a “known” MS-13 gang member with a final deportation order. Chattah expressed deep concern about the risks posed to communities.
The Nevada case involves an El Salvadoran citizen, identified in court documents as L.R., who served 25 years for first-degree murder, attempted murder, and weapons charges. While in prison, he joined both MS-13 and the Mexican Mafia prison gang before later “debriefing” from both organizations. After his 2022 parole, he was detained for deportation.
Judge Boulware ruled that L.R. must be released because his deportation isn’t imminent. The Biden administration attempted to deport him to El Salvador, but immigration courts determined his gang history and visible tattoos made him a target there. The Trump administration then sought to send him to Mexico, but the judge found L.R. raised legitimate concerns about facing danger from the Mexican Mafia there as well.
The judge cited additional concerns about an ICE officer’s “alarming” threat that L.R. should self-deport to Mexico or risk being sent to El Salvador anyway. Judge Boulware authorized reasonable supervision terms for the release and firmly ordered the government to free L.R. by January 21.
In Texas, Judge Alan Albright similarly ordered the release of Juan Carlos Garcia-Calderon despite government assertions of gang connections, ruling that authorities failed to provide new evidence or cite terrorism-related grounds for continued detention.
These releases stem from habeas corpus petitions, which challenge the government’s detention authority. Such petitions have surged among attorneys representing migrants caught in President Trump’s expanded deportation efforts. Government sources told The Washington Times that gang member releases aren’t isolated incidents, with some occurring without any supervision requirements.
Judges nationwide have consistently rejected the Trump administration’s interpretation seeking more expansive detention powers. In Massachusetts, 153 alien habeas cases were filed this month alone, while Los Angeles saw 167 cases. Minnesota experienced the most dramatic increase, with 411 cases filed in January 2026 compared to just one in January 2025.
Read more: Judges releasing migrant gang members as DHS detention face legal hurdles
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