A federal judge has ordered the Trump administration to assist in the return of a gay Guatemalan man who was deported to Mexico despite expressing fear of persecution there. This decision comes after officials admitted to an error in handling his case.
US District Judge Brian Murphy in Boston issued the order following the Justice Department’s acknowledgment that the information stating the man was not afraid of being sent to Mexico was incorrect.
The Justice Department stated that no ICE officer had asked the man, identified as “OCG,” about his safety concerns before deportation.
Judge Murphy, appointed by Biden, described the case as a “horror” and highlighted the troubling events leading up to the erroneous decision.
This ruling is another instance of a judge ordering the Trump administration to facilitate the return of a migrant due to mistakes in the deportation process.
In a class action lawsuit, OCG and other migrants had been protected from swift deportations without addressing their safety concerns.
Murphy emphasized the importance of due process and criticized the lack of constitutional requirements in OCG’s case.
The Department of Homeland Security and the White House have yet to comment on the ruling.
In another case, Kilmar Abrego Garcia was deported to El Salvador despite a court order protecting him from removal.
OCG, a gay man fleeing Guatemala, entered the US through Mexico in 2024 and faced threats based on his sexuality.
Despite being granted protection from returning to Guatemala, OCG was mistakenly sent to Mexico, where he experienced violence.
OCG’s legal team welcomed Murphy’s ruling and plans to work on his return plan.
After arriving in Mexico, OCG had to decide between seeking asylum there or returning to Guatemala and going into hiding.
