A federal judge has directed the Trump administration to facilitate the return of a gay Guatemalan man who was deported to Mexico and had feared persecution there due to past misinformation surrounding his case.
Judge Brian Murphy from the Boston US District Court issued the ruling shortly after the Justice Department noted that the individual, referred to as “OCG,” had previously claimed he wasn’t afraid of being sent back to Mexico. However, the judge indicated that this assertion stemmed from incorrect information.
Last week, the Justice Department revealed that following further investigations, they could not identify the immigration and customs enforcement officers who spoke with OCG about his safety concerns.
Murphy, noting the previous administration, referred to this situation as “terror,” emphasizing that the errors made were apparent and the circumstances leading to this ruling were concerning.
This case reflects a growing trend of judges challenging the Trump administration regarding mass deportation efforts that have emerged from a flawed immigration policy.
In a class action lawsuit involving OCG and other immigrants, the judge barred the swift deportation of individuals to countries where their safety might be at risk without first addressing those concerns.
“The legitimate process is either followed according to the Constitution or it isn’t,” Murphy stated. “It was evident that OCG did not receive the protections mandated by the Constitution.”
The Department of Homeland Security, which oversees ICE, has yet to comment on this ruling.
The government previously made a similar error with Kilmer Abrego Garcia, who was deported to El Salvador despite protections against his removal.
Currently, he remains in El Salvador, even though a judge has ordered actions for his return.
This recent ruling follows Murphy’s previous determination that the Trump administration had violated his order by attempting to deport groups of immigrants to South Sudan.
OCG, a gay man who fled Guatemala in 2024 due to death threats related to his sexuality, entered the United States through Mexico in May of that year.
Murphy found that an immigration judge had deemed OCG eligible for protection in February but, just two days later, he was mistakenly placed on a bus to Mexico.
Trina Realmuto, OCG’s attorney from the National Immigration Litigation Alliance, expressed delight over Murphy’s ruling and indicated that they would work on plans for his return.
After being sent to Mexico, OCG faced a choice between seeking asylum there or enduring long waits in custody for his return to Guatemala. He opted for the latter but ended up hiding, according to his lawyer.
