An illegal immigrant, currently serving a lengthy prison term for the murder of a Michigan woman, is taking legal action against President Donald Trump. She claims that her case has been used to humiliate her politically, seeking $75 million in damages, a public apology, and perhaps a pathway to U.S. citizenship.
Brandon Ortiz Vito, 27, was previously deported from the U.S. and is now facing a sentence of 39 to 102 years for killing Ruby Garcia in March 2024. Garcia was discovered with multiple gunshot wounds along a Grand Rapids roadway. At the time of her death, the two were reportedly arguing.
In a handwritten lawsuit filed in federal court, Ortiz Vito lists Trump and White House deputy press secretary Stephen Chan as defendants. Ortiz Vito’s situation gained national visibility, particularly during Trump’s 2024 Grand Rapids visit, where he made illegal immigration a central theme of his campaign, referring to Ortiz Vito as “America’s problem.”
During his campaign, Trump also showcased Ortiz Vito’s mugshot in commercials, categorizing him alongside “murderers, rapists, and drug traffickers” who are in the country illegally. The implications of this have reportedly led to ridicule from prison staff and fellow inmates.
“I was put into a category where who I am as a person didn’t matter anymore. It was all about my race and my immigration status,” Ortiz Vito expressed. “The disgrace it has brought to my family is something I have to live with. I own up to what I did, but it felt deeply unfair to have my case used for political leverage. It was humiliating.”
Ortiz Vito’s attorney mentioned that the intense media attention surrounding the case has created a “nightmare” for him. He described meeting public defenders and realizing how his case had transformed into a high-profile issue, causing overwhelming anxiety.
Legal expert Matthew Bogra doubts the lawsuit will succeed, citing factors such as presidential immunity. He noted that while campaign statements might challenge that immunity, the case itself appears fundamentally flawed. “Trump’s comments about Ortiz Vito specifically are largely true. Politicians have the right to publicly critique individuals involved in serious crimes,” he suggested. Others, like former Michigan gubernatorial candidate Tudor Dixon, frame the lawsuit as an expression of entitlement.
Having entered the U.S. illegally, Ortiz Vito had previously qualified for the Deferred Action for Childhood Arrivals (DACA) program until his status lapsed in May 2019. His return to the U.S. following a DUI arrest in 2020 resulted in deportation, although the details surrounding his reentry remain unclear.
The complaint does not cite any legal breaches, instead accusing Trump of leveraging her case to criticize Biden’s immigration policies. Ortiz Vito stated that he accepts responsibility for his actions and is “standing tall” despite the consequences. “I turned myself in because I regretted what I did,” he clarified. Now, he’s pursuing $75 million, a public apology, and perhaps an opportunity for naturalization.
While the lawsuit may lack merit, it reflects the complexities of being thrust into the spotlight during a national campaign, according to attorney Borgula. “Plaintiffs may feel they are suffering, but it’s unlikely a federal court will provide any remedy given Ortiz Vito’s guilty plea.” Without overturning that plea, he may have no legal basis to claim damages related to his case.
