Brownsville, Texas - President Donald Trump's administration said that it "inadvertently" deported a transgender woman to Mexico in November despite fears that she may face torture and persecution.

Britania Uriostegui Rios is now suing the US government, arguing that her removal violated the law as well as the Fifth Amendment of the Constitution.

As a result, the Trump administration said Uriostegui Rios can return to the US, but would be placed in ICE custody while she waits to be deported to a third country.

"ICE stands ready to remedy the inadvertent removal by allowing your client to voluntarily reenter the United States if your client wishes to do so," a Department of Justice attorney wrote to a federal court on November 12.

This will only take place, however, if Uriostegui Rios can safely "make it to a port of entry without dying."

The US government is offering no assistance in making this happen, leaving her in a potentially life threatening situation.

"Britania's immigration counsel has 'grave concerns for [her] life and safety' as she navigates her way back to the United States," the suit claims.

Uriostegui Rios lost her lawful permanent residency in 2023 after pleading guilty to a felony assault with a deadly weapon. An immigration judge ordered her removal earlier in 2025, but blocked her from being deported back to Mexico.

Assistant Department of Homeland Security Secretary Tricia McLaughlin expressed little regret over the deportation, insisting that "the end result will be the same."

"The fact of the matter is those who are in our country illegally have a choice – they can leave the country voluntarily or be arrested and deported," she said.