A federal judge has mandated the Trump administration to facilitate the return of a Guatemalan man, referred to in court documents as OCG, who was deported improperly. The judge remarked that the procedures around his removal were lacking and emphasized the urgency of addressing the situation.
The administration previously sent OCG to Mexico after he had been kidnapped and assaulted, expressing a legitimate fear of persecution. Initially, the Justice Department claimed that he was not afraid of returning to Mexico, but he later retracted that statement, calling it incorrect.
Judge Brian Murphy noted in his ruling that OCG does not pose any security threat. He described the case as concerning, highlighting the significant risks faced by individuals wrongly returned to dangerous situations in their home countries.
Murphy, who was appointed by President Biden and sits in Boston, instructed the administration to take immediate action to allow OCG’s return and complete the process within five days.
He criticized the administration’s previous actions, particularly for using the man’s real name in court paperwork when a pseudonym was supposed to be used.
In response, Tricia McLaughlin, Director of Public Affairs in the Department of Homeland Security, labeled Murphy as an “activist” judge, arguing that the asylum system wasn’t designed to function as an unrestricted amnesty program. She insisted that OCG had been fairly processed and should have been safely removed to Mexico, pending his asylum claim.
Documents reveal that OCG attempted to enter the U.S. twice last year. After being deported to Guatemala during his first attempt, he was again attacked and held for ransom during his second attempt while crossing Mexico. Once he arrived in the U.S. again, an immigration judge recognized the likelihood of persecution should he be sent back to Guatemala.
Instead of providing protection, the administration transported him to Mexico, presenting him with limited options. OCG ultimately chose to return to Guatemala, noting in a court declaration that he has been living in constant fear since arriving there.
The judge found that deporting OCG to Mexico could violate his due process rights. This case marks the third occasion on which a federal judge has ordered the administration to rectify situations involving the wrongful deportation of immigrants amid strict immigration policies under the Trump administration.
Despite the ongoing legal battles, the administration has been challenged to adhere to these judicial rulings regarding the return of immigrants affected by past policies.
In a previous case, the federal appeals court supported the judge’s order to return another individual, further complicating the administration’s legal position on these matters.
Murphy remarked that the cost and effort of facilitating OCG’s return should not be regarded as excessive or cumbersome. He expressed expectation that the defendants would treat this situation with the same diligence typically afforded to cases involving legally removed individuals.
Updated at 5:14pm
