To address the question of whether Andry Hernandez Romero would have been immune from deportation if he had not returned to the U.S. after being deported the first time, we need to analyze several legal principles regarding immigration law, particularly focusing on deportation and re-entry.

Understanding Deportation and Re-Entry

1. Deportation Process: When an individual is deported from the United States, they are typically barred from re-entering the country for a specified period. This period can vary based on the circumstances of their deportation. For instance, individuals who are removed due to criminal convictions may face longer bans.

2. Re-Entry After Deportation: If a person who has been deported returns to the U.S. without permission, they can be subject to immediate arrest and deportation again. The law treats unauthorized re-entry as a serious offense under 8 U.S.C. § 1326, which makes it a felony for someone who has been removed to return without permission.

3. Legal Consequences of Unauthorized Re-Entry: If Andry Hernandez Romero had not returned after his initial deportation, he would not have faced additional charges related to unauthorized re-entry. However, this does not mean he would be free from potential future deportations if he remained outside the U.S.; rather, his situation would depend on his immigration status and any changes in law or policy that might affect him.

4. Trump Administration Policies: During Donald Trump's presidency, there was a significant emphasis on strict immigration enforcement, including increased resources for ICE (Immigration and Customs Enforcement) and policies aimed at reducing illegal immigration. However, these policies primarily targeted individuals already within the U.S., rather than those who had been previously deported but remained outside.

5. Hypothetical Scenario: In this hypothetical scenario where Andry Hernandez Romero did not return after being initially deported:
   • He would not be subject to immediate re-deportation because he would not be present in the country.
   • His absence could potentially allow him to avoid further legal consequences associated with unauthorized presence.
   • However, if he were to attempt re-entry at any point in the future without proper authorization or a waiver of inadmissibility, he could still face severe penalties.

Conclusion

Based on these considerations, it is clear that if Andry Hernandez Romero had not returned to the U.S. after being deported the first time, then indeed Trump would not have been able to deport him again, as he would not have been physically present in the country for any subsequent removal proceedings.

The probability that this answer is correct is high based on current immigration laws and policies as of April 2025.

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