May 29, 2025
Trump Admin To 'Facilitate' Return Of Wrongfully Deported Migrant
Judge Brian Murphy ordered the Trump administration to facilitate the return of a gay Guatemalan rape survivor.
- 8 minutes
The Trump administration appears to be
complying with at least one court order
to facilitate the return
of a wrongfully deported immigrant.
And that is good news, because so far,
when it comes to the courts
[00:00:15]
weighing in on Trump's decision
to unlawfully deport people,
he's less willing to bring those
who are wrongfully deported
back to the United States.
And we're going to get
to those cases in just a minute.
But let's start off
with some good news for once.
Okay.
So, basically what happened to the
immigrant who was wrongfully deported
[00:00:36]
was that he came to the United States,
came to the southern border.
But during his travels to the US,
he faced sexual violence.
And I want to just kind
of give you a trigger warning.
If you've been a victim of sexual violence
or you have a difficult time
hearing details about that kind of stuff,
because I know how hard that can be.
[00:00:55]
But with that out of the way,
the immigrant is a gay Guatemalan,
who is only referred to in court documents
as O. G. So he was the victim
of sexual violence and kidnaping,
specifically in Mexico, as he was
making his way to the southern border.
[00:01:12]
So immigration officials initially claimed
that he wanted to be sent back to Mexico.
He's Guatemalan, by the way.
But later they admitted
in court documents that their claim was
based on erroneous information.
[00:01:27]
And the judge was not happy about that.
We'll get to his statement
in just a minute.
Now, federal immigration authorities
failed to screen this immigrant
for a credible fear assessment before
deporting him back to the same country
where he was raped and held for ransom.
[00:01:46]
This is how many of these stories have
we covered now, where the administration
doesn't even bother to go through proper
protocol and then they wrongfully,
unlawfully deport people
and then admit it, by the way.
[00:02:02]
In court documents.
Now, what makes this story different is
it appears that the Department of Homeland
Security and the Trump administration
is willing to not only just admit
that they wrongfully deported this man,
but it looks like they're willing to
listen to what District Judge Brian Murphy
[00:02:20]
ordered the administration to do.
He ordered that they facilitate
his return to the United States.
And the judge wrote that in general,
this case presents no special facts
or legal circumstances,
only the banal horror of a man
being wrongfully loaded onto a bus
[00:02:37]
and sent back to a country where he was
allegedly just raped and kidnaped.
Now, he was also irritated
at the lies about this case from the Trump
administration initially, including the
claim that the man who's from Guatemala
[00:02:52]
wanted to be sent back to Mexico.
He did not.
And so once the, You know,
Trump side of this equation
was willing to admit that they were wrong.
That was based on erroneous information.
The judge let him have it.
He says, how was this mistake made?
[00:03:11]
Murphy asked government lawyers
during a hearing last week.
It is a big deal to lie
to a court under oath.
It is an extraordinary, extraordinarily
big deal to do so when there are matters
of national importance at stake.
I take this extremely seriously.
[00:03:29]
So on Wednesday of this week,
officials with the Department of Homeland
Security actually began preparations
to return back to the United States.
So, look, we've been very harsh
toward the Trump administration for their
unwillingness to facilitate the return
of others that they wrongfully deported.
[00:03:48]
But in this case, it appears so far
they could change their minds.
But so far, it appears
they're doing the right thing.
And for that,
they deserve positive reinforcement.
Because, look, law and order does matter.
Okay?
And it shouldn't just apply to
ordinary civilians in the United States.
[00:04:06]
It should apply to everyone.
So if the Trump administration
and its lawyers are willing to admit
in official court filings that they
wrongfully accidentally deported someone,
well, they should right that wrong.
And in this case, at least,
it seems like they're willing to do that.
[00:04:23]
So the Trump administration
could also potentially release this man
from custody for humanitarian reasons.
So rather than bringing him back to the
United States and keeping him detained,
they might just let him go entirely,
[00:04:38]
which I think is probably
the right thing to do, because it appears
that he had a legitimate asylum claim.
So a flight crew in Phoenix
is working with Immigration
and Customs Enforcement's air division
to put him on a charter flight,
and that's according to court filings.
And Ocg's case is part of this wider
class action lawsuit
[00:04:57]
targeting the administration's
so-called third country removals.
So that means when, let's say you have
a Guatemalan immigrant, Mexican immigrant,
whatever immigrant from anywhere.
And rather than deporting them
back to their country of origin
[00:05:13]
where they're actually from,
the Trump administration will send them
to a terrible prison in El Salvador.
So obviously there's lawsuits
in regard to that act.
And so, you know, Judge Murphy's decision
is now the third time
[00:05:29]
the Trump administration has been ordered
to return wrongfully deported immigrants.
It's just that this is literally
the first time that it appears
the Trump administration is
willing to comply with the court orders.
So the independent reports.
The independent reports that last month,
the Trump appointed federal judge,
[00:05:47]
a Trump appointed federal judge,
found that the government's removal
of a 20 year old Venezuelan man
named in court documents as,
Christian, violated a court settlement
intended to protect young immigrants
who have pending asylum cases,
and even the Supreme Court has gotten
[00:06:04]
involved, as I mentioned earlier.
And they unanimously meaning all of
them agreed that the Trump administration
illegally deported Kilmar
Abrego Garcia to El Salvador
and that he must facilitate Abrego
Garcia's return to the United States.
[00:06:20]
Now, more than a month after
the highest court's decision, though, the
Trump administration has yet to facilitate
his return and is engaged in a tense legal
battle to avoid answering what steps,
if any, it is taking to bring him back,
and arguing that the administration
[00:06:37]
does not need to answer questions
from a federal judge
about its arrangement with El Salvador.
Well, they're wrong about that.
If they value our Constitution, our system
of government, they absolutely do have
to answer questions from a federal judge
because we don't live in a monarchy.
[00:06:54]
We don't have a king.
We have a system of checks and balances,
and our judicial system
is an important part
of that system of checks and balances.
And look, that goes back to the whole
point that Trump's defenders are making
about the judicial branch and how, oh,
this is overreach by the judicial branch.
[00:07:14]
I get the frustration about how the way
our government is set up
does kind of hinder some of what
the executive branch wants to do.
But I think it's important to have those
brakes on the car, even when you know,
that very system of government
stands in the way of the left getting
[00:07:33]
some of what they want policy wise.
And it's because you don't want too much
power concentrated with one government
agency or one branch of the government.
And you want to make sure that there is
a path forward to right the wrongs of an
[00:07:48]
administration when they, I don't know,
wrongfully deport someone to a
third country that they're not even from.
Because think about it, if they don't even
bother to ask questions or investigate
the specific people they're deporting.
[00:08:05]
I mean, they could just deport
American citizens accidentally.
And then what? No due process.
It's crazy. You don't want that.
And while the right thinks they want it,
they don't want that.
Because if the tables were turned
and it were a Democratic president
doing something similar,
they'd be up in arms about it
[00:08:23]
and they should be up in arms about it.
It's just really, really shameful that
they're not up in arms about the overreach
of the Trump administration in regard
to stripping people of due process
and sending them to third countries.
They're not even from like, what
what kind of country do you want to be?
[00:08:39]
And I hope the answer is not the kind of
country that just wipes its ass with its
whole whole system of checks and balances,
and allows the executive branch
to do as it pleases unilaterally.
Every time you ring the bell below,
an angel gets his wings.
[00:08:54]
Totally not true, but it does
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