A federal judge has directed the Trump administration to assist in the repatriation of a gay Guatemalan man who was deported to Mexico, despite concerns for his safety there. This ruling comes following the administration’s admission of an error in handling the man’s case.
U.S. District Judge Brian Murphy, based in Boston, issued the order shortly after the Justice Department informed him that its prior claim—indicating that the man, known as “O.C.G.,” had expressed no fear of returning to Mexico—was based on inaccurate information.
Further investigations revealed that officials could not identify any Immigration and Customs Enforcement (ICE) officer who had inquired about O.C.G.’s safety concerns.
Judge Murphy, who was appointed by President Joe Biden, referred to the case as a “horror,” remarking on the troubling nature of the circumstances that led to the decision, despite acknowledging that errors can occur.
The ruling represents another instance of judicial intervention against the Trump administration’s aggressive deportation policies, particularly regarding individuals caught in errors related to these efforts.
In a class action lawsuit involving O.C.G. and other migrants, the court previously prohibited the administration from rapidly deporting individuals to countries other than their own without first addressing their safety concerns.
Murphy emphasized the importance of due process, stating, “Due process is, in some sense, a binary – one either receives what the Constitution requires, or one does not.” He concluded that O.C.G. was denied these constitutional protections.
Both the Department of Homeland Security, which oversees ICE, and the White House have not yet responded to inquiries regarding the ruling.
An additional case highlighting administrative errors involved Maryland resident Kilmar Abrego Garcia, who was deported to El Salvador in March despite existing legal protections against his removal. He still remains there, despite a similar ruling directing the administration to assist in his return.
The recent ruling arrives shortly after Murphy ruled that the Trump administration had violated an earlier order by trying to deport a group of migrants to South Sudan.
O.C.G., a gay man, fled Guatemala in 2024 after enduring death threats due to his sexual orientation, entering the United States through Mexico in May of the same year.
Although an immigration judge had determined in February that O.C.G. warranted protection from deportation back to Guatemala, he was mistakenly placed on a bus to Mexico just two days later, where he had previously suffered incidents of rape and kidnapping.
Trina Realmuto, a representative from the National Immigration Litigation Alliance, expressed the legal team’s excitement over Murphy’s ruling and indicated they would work on plans for his return.
Upon arriving in Mexico, O.C.G. faced a difficult choice: endure months of detention while seeking asylum or return to Guatemala. He ultimately chose the latter, leading him to go into hiding, according to his legal team.
