The US Department of Homeland Security has been in contact with the White House about the deportation orders issued by a federal judge in Brooklyn on Thursday, an official familiar with the matter said.
The official, who spoke on condition of anonymity because the order was not made public, said that the administration is looking at whether the order could be challenged in court.
The judge issued the order, based on a case involving an illegal immigrant who had lived in the United States for 10 years, against a woman who had moved to the United State after the birth of her first child.
In a decision issued on Thursday evening, Judge Andrew S. Hanen said the government had failed to prove that the illegal immigrant was not an American citizen.
Hanse said he was concerned that the woman, a woman from Mexico who has lived in New York for years, had not shown sufficient proof that she had obtained lawful status and that her status would be in jeopardy if deported.
She was ordered to be deported as soon as she arrived in the country, Hanse wrote.
The administration had sought to deport the woman before she had even completed her sentence for a misdemeanor domestic violence charge.
She had faced deportation after being convicted of a misdemeanor charge in 2016.
The woman had been a lawful permanent resident in the U.S. for two years before her arrest in 2015, and she had lived illegally in New Jersey for two of those years.
The government had sought the deportation order based on her criminal conviction, and Hanen wrote that it appeared to him that the federal government had no evidence of her being in the US legally.
The New York federal judge’s order was based on two misdemeanor charges, both of which involved the use of a firearm while committing a felony.
The second charge was a misdemeanor that could have led to a five-year sentence if it had been committed in the state of New York, Hanen ruled.
But the judge said that, because of a lack of evidence that the defendant had obtained legal status in the states of New Mexico, California and New York or otherwise obtained lawful permanent residency status in those states, the charge was not a felony and that he would not order the deportation.
“The defendant was ordered deported under the statute, which requires her to depart as soon a person has been found to be inadmissible under the law.
However, she was not found to have been inadmissable in either state, and the Department of Justice (DOJ) could not establish that she was inadmittable in any of those states,” Hanen noted.
He added that he considered the government’s claim that the criminal charge was inapplicable in New Mexico to be a non-starter.
In addition, Hanens order did not address the question of whether the woman should have been allowed to stay in the nation of Mexico, where she was born and where her family is based.
The DOJ did not immediately respond to a request for comment.
Trump had been criticized by immigration advocates for not having followed through on a campaign pledge to grant temporary protection from deportation to the undocumented immigrants who were the focus of his immigration crackdown.
He later softened his stance and said he would issue a temporary amnesty, which he has not yet done.
However the president has not released any plan to do so.