Judge: Trump Admin Must Facilitate Return of Guatemalan Deportee/ Newslooks/ WASHINGTON/ J. Mansour/ Morning Edition/ A U.S. judge has ordered the Trump administration to bring back a deported Guatemalan man whose removal violated his constitutional rights. The deportation proceeded despite the man’s fears of persecution in Mexico. The case highlights ongoing legal battles over Trump’s mass deportation policies.
Trump Immigration Order Reversed + Quick Looks
- Federal judge finds due process violation in deportation.
- Deportee was a gay man fearing persecution in Mexico.
- Officials admitted no ICE agent confirmed his safety fears.
- Trump administration acknowledges critical procedural error.
- Judge calls the case a ‘horror,’ condemns systemic failure.
- Ruling follows earlier violations involving deportations to South Sudan.
- Administration must now arrange for man’s safe return.
- Civil rights attorneys hail ruling as a major win.
Judge: Trump Admin Must Facilitate Return of Guatemalan Deportee
Deep Look
BOSTON — A federal judge has ordered the Trump administration to facilitate the return of a gay Guatemalan man deported to Mexico, saying the government violated his constitutional rights by ignoring his plea for protection.
In a sharply worded ruling, U.S. District Judge Brian Murphy of Boston condemned the administration’s handling of the case, calling it a “horror” and saying it lacked the basic standards of due process.
“It has been clear that O.C.G. did not receive what the Constitution requires,” Murphy wrote in his ruling, referring to the plaintiff by his initials.
Due Process Denied
The man, identified in court documents as O.C.G., fled Guatemala in 2024 after receiving death threats based on his sexuality. He crossed into the U.S. via Mexico and sought protection from deportation back to Guatemala.
Although an immigration judge in February ruled that O.C.G. qualified for protection from return to Guatemala, U.S. officials deported him to Mexico just two days later — a country where he had recently been kidnapped and raped, his attorneys say.
The Department of Justice later admitted it could not find a single Immigration and Customs Enforcement (ICE) agent who had asked the man whether he feared returning to Mexico, undermining a critical element of his legal defense.
Trump-Era Policy Under Fire
Judge Murphy had previously blocked the Trump administration from deporting migrants to third-party countries without first confirming fears of persecution or violence. The judge reaffirmed that principle in this case, highlighting how ICE violated his earlier order.
The ruling is the latest setback for the Trump administration’s aggressive deportation campaign, which has been riddled with legal missteps and human rights concerns.
This follows a similar error in March, when Kilmar Abrego Garcia was deported to El Salvador despite a court order barring his removal. Garcia remains there despite another judicial directive to return him.
Lawyers Respond
Trina Realmuto, an attorney with the National Immigration Litigation Alliance, called the ruling a “major victory for immigrant rights.”
“We are elated by the court’s decision and will immediately begin coordinating his return,” she said.
Case Background
- O.C.G. entered the U.S. in May 2024 seeking asylum.
- He had previously suffered sexual violence in Mexico, where he was mistakenly returned.
- Upon arrival in Mexico, he was faced with a dire choice: spend months in detention awaiting asylum or return to Guatemala. He chose the latter and is now in hiding.
The Department of Homeland Security (DHS) and White House declined to comment on the judge’s ruling.
Broader Legal Implications
The ruling is part of a broader class-action lawsuit challenging the Trump administration’s removal tactics. Just two days before this ruling, Judge Murphy ruled that the government violated another order by attempting to deport a group of migrants to South Sudan, despite concerns over their safety.
The Biden-appointed judge emphasized that while mistakes can happen, the systemic nature of these violations calls into question the integrity of current immigration enforcement policies.
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