Judge orders Trump administration to return deported Guatemalan migrant

Boston, Massachusetts - US District Judge Brian Murphy ordered the Trump administration to facilitate the return of a Guatemalan man who was deported to Mexico despite fears of persecution.

US district judge Brian Murphy in Boston ordered the Trump administration to return a Guatemalan man who was deported despite fearing violence based on his sexuality.
US district judge Brian Murphy in Boston ordered the Trump administration to return a Guatemalan man who was deported despite fearing violence based on his sexuality.  © imago/Panthermedia

Due to his sexuality, the migrant – who is referred to simply as O.C.G. in the legal filing – fears "serious harm" if sent back to Guatemala.

"After suffering multiple violent attacks, O.C.G. sought protection in the United States, where an immigration judge granted him withholding of removal from his native country, Guatemala," the legal ruling stated.

"This means that the immigration judge found it more likely than not that O.C.G. would suffer serious harm if sent back to Guatemala."

South Carolina beach town shooting leaves at least 11 people injured
Crime South Carolina beach town shooting leaves at least 11 people injured

According to Murphy, two days after the immigration judge granted him permission to stay in the US, O.C.G. was "placed on a bus and sent to Mexico, a country where he was previously held for ransom and raped."

Murphy ordered that the US government facilitate O.C.G.'s return over fears of future violence as well as the fact that he is a Guatemalan, not Mexican, citizen.

In his current situation, the court found that Murphy is not only facing a risk to his life, but also a risk to "all that makes life worth living."

Neither US Immigration and Customs Enforcement (ICE) nor the Department of Homeland Security (DHS) has responded to the Friday ruling, making it uncertain whether they will comply with the order.

President Donald Trump has a history of undermining the judiciary and ignoring legal rulings, even when they come from the Supreme Court.

In one of many similar cases, Trump has refused to return deported Venezuelan Kilmar Abrego Garcia, who was disappeared by ICE and deported to El Salvador, despite a court order to facilitate his return.

Cover photo: imago/Panthermedia

More on Justice: