A Guatemalan national who says he was wrongfully deported to Mexico has returned to the United States, according to his legal team. This marks one of the first times the Trump administration has complied with a judge’s order to facilitate the return of a migrant after improper deportation.
Known by the pseudonym O.C.G., the migrant arrived in the U.S. on Wednesday and contacted his legal team, which is challenging the administration’s practice of deporting migrants to countries where they have no ties. O.C.G. is now in Immigration and Customs Enforcement (ICE) custody.
Legal Battle Over Deportation and Due Process
The Trump administration had previously removed O.C.G. to Mexico despite a court ruling ordering his return. DHS spokesperson Tricia McLaughlin said O.C.G. was “illegally present” and had been granted withholding of removal to Guatemala, but was instead sent to Mexico, which the administration considers a safe third country. McLaughlin added that a federal judge forced the government to bring him back to allow a proper asylum opportunity.
U.S. District Judge Brian Murphy ruled last month that O.C.G.’s removal likely lacked due process. After initially entering the U.S. and being deported, O.C.G. reentered in 2024 seeking asylum, citing multiple violent attacks in Guatemala. During his journey, he reported being raped and held for ransom in Mexico, details he shared during immigration proceedings.
Despite a judge ruling he should not be sent back to his home country, the government deported him to Mexico, and later to Guatemala, where he declared living in hiding and fear.
Government Pushback and Court Challenges
The administration originally argued O.C.G. had no fear of deportation to Mexico but later retracted this claim due to lack of evidence.
Judge Murphy’s ruling came shortly after an appeals court denied the administration’s request to pause another order requiring the return of a Venezuelan migrant wrongly deported to El Salvador.
Other similar cases include Kilmar Abrego Garcia, also deported mistakenly to El Salvador, with the Trump administration facing court resistance over delays and lack of compliance.
Author’s Opinion
This case exposes the dangers of aggressive deportation policies that disregard due process and migrant rights. While border security is vital, the government must uphold fairness and legality, ensuring individuals are not punished by being sent to unsafe places without proper review. Judges enforcing these protections are crucial checks on executive power.
Featured image credit: Mykhailo Polenok via Vecteezy
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