A federal judge has ruled that the Trump administration must arrange the return of a Guatemalan immigrant who was deported without being given the opportunity to raise fears of torture or persecution, marking the third such case where courts have found deportations unlawful.
The immigrant, known only as O.C.G. in court documents, alleges he was raped and targeted for being gay during a previous stay in Mexico. Despite these fears, he was deported in February without a proper hearing on his claim. After being sent to Mexico by U.S. officials, Mexican authorities deported him to Guatemala, where he now faces additional threats of violence and persecution.
U.S. and international law prohibit deporting individuals to countries where they face a risk of torture or harm. The judge overseeing the case, U.S. District Judge Brian Murphy, emphasized the importance of adhering to these rules and the legal promise that individuals have the right to seek protection based on credible fears.
In his 14-page ruling, Murphy wrote, “The Court finds that the public benefits from living in a country where rules are followed and where promises are kept.” He added that ensuring O.C.G.’s return would come at a “vanishingly small cost” compared to the importance of upholding the law and protecting vulnerable individuals.
This ruling follows two previous court orders demanding the administration bring back immigrants who were also deported improperly. One involved Kilmar Abrego Garcia, a Salvadoran native deported despite a court ruling that he faced gang-related threats. The other involved a Venezuelan man whose deportation violated a legal settlement protecting certain immigrants who arrived as minors.
Unlike those cases where the individuals are currently detained in prisons abroad, O.C.G. is reportedly in hiding in Guatemala, staying in a safe house owned by his sister. Nonetheless, his safety remains at serious risk.
The Trump administration has faced criticism for rapidly deporting individuals to third countries without allowing them a fair chance to present their fears of torture or persecution. The judge noted troubling inconsistencies in the administration’s claims about whether O.C.G. was asked about his fears before deportation.
Lawyers for O.C.G. have suggested that a court-ordered charter flight could facilitate his safe return to the U.S.
This latest ruling comes amid increasing tensions between the judiciary and the Trump administration over immigration policies and deportations. Judge Murphy has also limited deportations to countries like Libya and South Sudan, citing humanitarian concerns, which has drawn sharp criticism from government officials.
The court’s decision highlights the ongoing legal and ethical challenges in balancing immigration enforcement with protecting the rights and safety of vulnerable individuals.
