Biden-Era Decision Could Block Trump Admin’s Attempt To Deport Convicted Murderer To Home Country

Immigration and Customs Enforcement (ICE) agents arrested Alexander Alfredo Palacios Guevara, an illegal alien, in Los Angeles, but the federal agency found that it might not have the authority to deport him back to El Salvador due to a Biden-era legal decision.

Guevara was granted a deportation protection order in December 2024 as the Biden administration was nearing an end after he claimed he was at risk of being tortured if he was returned to his homeland.

“A highly unusual Biden-era legal decision from December allowed this dangerous criminal to live in American communities,” an ICE spokesman told Fox News before also laying out Guevara’s criminal history. “This criminal alien should never have been roaming the streets of Los Angeles. Not only is he a member of the ruthless Surenos gang, but he also has multiple convictions for murder, assault and rape or sexual abuse of a minor.”

Guevara, who was given a Deferral of Removal under the Convention Against Torture (CAT), was briefly released by ICE, though the law enforcement agency recaptured him just a day later due to the risk he poses to the public.

The criminal alien now sits in ICE custody as a legal battle that could decide Guevara’s fate makes its way to the Supreme Court.

The Trump administration deported several violent criminal illegal aliens, including Cuban and Vietnamese nationals, to South Sudan last month. The deportation flight was arranged with the African country after the illegal aliens’ home countries were unwilling to take them back. The flight was swiftly challenged in court, with a U.S. district judge ruling that the Trump administration must maintain custody over the illegal aliens in order to “ensure the practical feasibility of return if the Court finds that such removals were unlawful.”

The Trump administration has asked the Supreme Court to weigh in on the case. If the administration wins, Guevara could be deported to a “third country” willing to accept deportees.