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'Worst of the Worst' but released due to DHS mistakes
Carlos Flores-Miguel, a man once labeled by the Department of Homeland Security as one of the "Worst of the Worst," has been released from federal custody without any criminal charges.
MINNEAPOLIS (FOX 9) - A man from El Salvador, once labeled as one of the "Worst of the Worst" by the Department of Homeland Security, has been released from custody without any criminal charges.
Carlos Flores-Miguel's arrest
What we know:
Carlos Flores-Miguel was arrested by federal agents outside his workplace during Operation Metro Surge and accused by DHS of being an MS-13 gang member and registered sex offender.
Court records show Flores-Miguel has been convicted twice of illegal reentry into the United States.
He was also accused of violently resisting arrest by "punching and kicking" law enforcement.
The Department of Homeland Security had highlighted his arrest on their "Worst of the Worst" website, claiming he attempted to grab an officer's gun during his Jan. 20 arrest. Despite these accusations, the government has since dismissed any criminal charges against him.
Court's decision and release
What they're saying:
"Petitioner’s unlawful detention has been unnecessarily prolonged by a series of missteps on the part of respondents," wrote Senior U.S. District Court Judge Susan Richard Nelson, in ordering his immediate release from federal custody.
She listed several issues that emerged over the two months of litigation as Flores-Miguel bounced between federal immigration and criminal custody while Department of Justice attorneys struggled to provide the court with timely updates:
- ICE’s transfer of Petitioner (Flores-Miguel) to Texas
- Government’s initial decision to file criminal charges under seal in Minnesota after his transfer to Texas
- Petitioner’s transfer from ICE custody to criminal custody in Texas
- Respondents’ inability to confirm in whose custody Petitioner was detained
- Government’s ultimate decision not to pursue criminal charges
- Government’s representations that (Flores-Miguel) would be released from criminal custody and would not be subject to an immigration detainer
- Petitioner’s detention in ICE custody immediately upon his release from criminal custody
"The Court finds that release is the appropriate remedy here and orders the immediate release of Carlos (Flores-Miguel)," Nelson concluded.
The court documents show that Flores-Miguel must adhere to strict supervision orders, which include avoiding known gang members and continuing regular ICE check-ins. It notes that any violations could lead to the loss of his work permit or rearrest.
Future uncertainties
What's next:
Flores-Miguel, currently residing in Newport, cannot be returned to El Salvador after an Immigration Court found he faced the potential of torture and abuse in his native country.
DHS has said it is exploring the possibility of sending him to Mexico.
But that remains uncertain as legal battles over so-called "third country" deportations continue and Mexico has not definitively said it is willing to accept Flores-Miguel.
Meanwhile, Judge Nelson has made clear that he cannot be locked up.