A Somali national detained by U.S. Immigration and Customs Enforcement (ICE) has been found to be unlawfully held in custody, according to a recent recommendation from a federal magistrate judge in Alaska. The individual, Roble Ahmed Salad, is eligible for Temporary Protected Status (TPS), a humanitarian designation available to nationals from countries experiencing dangerous or unstable conditions. Due to his pending TPS application and the protections that come with it, his removal from the United States is prohibited under federal immigration laws.
The magistrate judge’s report, issued on Monday, outlined that Salad’s likely eligibility for TPS serves as a legal barrier to his deportation. As a result, the judge recommended that the district court order his immediate release from an Anchorage correctional facility, where he has been held since early February.
Temporary Protected Status Shields from Removal
The judge explained that the protections offered under TPS make Salad’s continued detention improper. If granted, TPS would shield Salad from deportation until at least March 2026, which aligns with the current expiration date of Somalia’s TPS designation. Although decisions to extend or terminate TPS for any country are made by the federal government, Somalia’s designation has been consistently renewed since it was first granted in 1991. This history, according to the magistrate, suggests that TPS for Somalia is likely to continue, given ongoing conditions in the country.
The court further noted that there was no evidence presented by the government indicating any imminent plan to revoke Somalia’s TPS designation. This absence of evidence strengthened the argument that Salad’s deportation would be legally barred if his application is approved.
Background of Salad’s Immigration Case
Salad’s journey to the United States began in December 2022, when he crossed the southern border seeking asylum. His asylum request was denied by an immigration judge, and his subsequent appeal to the Board of Immigration Appeals was also rejected. By May 2023, Salad was issued a final order of removal, making him subject to deportation.
However, Somalia’s reluctance to issue the necessary travel documents initially prevented ICE from enforcing his removal. As a result, Salad was released from ICE custody. In January 2025, Salad formally applied for TPS, a protection specifically designed for nationals from countries experiencing armed conflict, environmental disaster, or other extraordinary conditions.
Despite the protections associated with TPS applications, ICE agents apprehended Salad outside his residence in Anchorage on February 5, 2025. This arrest set off the legal battle now playing out in federal court over whether his detention violates immigration laws.
Court Examines Government’s Evidence
In its arguments, the federal government primarily relied on the fact that it had recently secured a travel document for Salad from Somali authorities. This document, however, was described as temporary. According to the court report, government attorneys claimed Somalia’s cooperation had improved, and they anticipated no issues with future renewals of the document. However, the court found these assertions unsupported by evidence.
The magistrate judge noted that the government failed to present any documented proof showing a long-term commitment from Somalia to issue or renew travel documents for deportees. Without such evidence, the court could not reasonably conclude that Somalia would continue cooperating in the future.
Furthermore, the court pointed out that there was no clear explanation for why Somalia’s stance had shifted, further undermining the government’s position. The lack of clarity around Somalia’s willingness to renew travel documents made it impossible for the court to rely on the government’s assumptions.
Looking Ahead – Court Recommends Release of Somali Man Held by ICE Despite Protected Status Application
The district judge will now review the magistrate’s recommendation and determine whether Salad should be released from custody. If the recommendation is adopted, Salad could be freed in the coming days, allowing him to remain in the U.S. while his TPS application is processed.
The case highlights ongoing tensions between immigration enforcement and humanitarian protections like TPS, particularly for nationals from countries with prolonged instability such as Somalia. It also raises broader questions about the limits of ICE’s authority to detain individuals who are actively seeking protection under U.S. immigration laws. As the court’s final ruling approaches, it could serve as an important precedent for similar cases involving TPS applicants and ICE’s detention policies.
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