Trump scrambles to reverse illegal deportation after judge finds it ‘lacked any semblance of due process.’

The Trump administration is facing legal challenges and criticism after a federal judge ruled that deporting a Guatemalan man to Mexico, even though he had expressed fears for his safety there, violated his legal rights. The man, referred to by his initials O.C.G., was deported earlier this year despite telling U.S. officials about past violence he had suffered in Mexico.

As reported by NY Times, O.C.G. had previously been granted protection from deportation to Guatemala by a U.S. immigration judge. However, U.S. authorities ignored this decision and sent him to Mexico. While in Mexico, he experienced further harm, including being kidnapped and assaulted. He was only freed after his sister paid a ransom. Later, Mexican officials gave him a choice between staying in detention for a long time or being deported back to Guatemala, which eventually led to his return to his home country.

After going back to Guatemala, O.C.G. reported living in constant fear for his life. Per AP News, he said he is hiding because he fears persecution in Guatemala due to his sexual orientation. This information was presented in court, and the court found that his deportation had violated his legal rights and ordered the administration to bring him back to the United States.

Trump has to reverse an illegal deportation

Late last week, Judge Murphy gave an order for the government to “facilitate” O.C.G.’s return to the U.S., finding that he was likely to “succeed in showing that his removal lacked any semblance of due process.” The Trump administration’s first reaction to the court order was defiant, similar to its response in the case of Kilmar Armando Abrego Garcia, another person who was deported despite a court order blocking his deportation to El Salvador.

In that case, the administration claimed it could not bring him back because he was in prison in El Salvador, but the Supreme Court rejected this argument and ordered the administration to arrange his return. However, in O.C.G.’s case, the administration eventually agreed to follow the court’s order and began taking steps to bring him back to the United States on a chartered flight.

This decision represents a notable change in the administration’s approach, avoiding a major legal battle over large-scale deportations. A spokesperson for the Department of Homeland Security said that while they are complying with the court order in this case, the administration still supports expanding deportation powers. They criticized the judge’s ruling, calling it an effort to misuse the asylum system to avoid deportation.

The larger issue in this case involves the controversial practice of deporting migrants to third countries—places other than their home country—often without legal status or protection there. This practice has been widely criticized by human rights groups and legal experts, who say it breaks international law and puts vulnerable people at risk. The Trump administration has negotiated with various foreign governments, including some with poor human rights records, to accept deportees from the U.S., raising serious ethical and legal concerns.