Trump Admin Signals It Will Return One Wrongfully Deported Man

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3 days ago

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In what could be a major breakthrough, the Trump administration told a federal court Wednesday that it has taken affirmative steps to retrieve an unlawfully deported Guatemalan man and return him to the United States so that he can receive the due process he was initially denied.
It was the first concession of its kind that the Trump administration has made in the handful of cases where courts have ordered it to facilitate the return of wrongfully deported foreign nationals and which have become the focal point of a constitutional clash between President Trump and the judiciary.
The concession comes in the case of O.C.G., a gay man who had succeeded in U.S. immigration court at not being deported to his home country but whom the Trump administration them immediately deported to Mexico., which in turn sent him to Guatemala. In his immigration court hearing, the man claimed to have been previously kidnapped and raped in Mexico, but the immigration judge (probably correctly, under current law) said the case at hand was limited to Guatemala.
O.C.G.'s situation emerged in a larger case in federal court in Massachusetts challenging third country deportations without notice and hearing. It's the same case where the Trump administration tried to get around a court order with last week's deportation flight to South Sudan.
The government alerted the court of its efforts to return O.C.G. in a filing that said certain paperwork had already been completed and that the administration 'is currently working with ICE Air to bring O.C.G. back to the United States on an Air Charter Operations (ACO) flight return leg.'
A few words of caution about what this means for O.C.G. and the other 'facilitate' cases:
O.C.G. is not back yet. Throughout his business and political life President Trump has dragged his feet at every step of litigation, including later stages after concessions have been made or a settlement reached. While this is a significant step compared to the previous defiance, it's not a done deal yet.
Unlike Kilmar Abrego Garcia and 'Cristian,' the other two major 'facilitate' cases, O.C.G. was not incarcerated after his deportation. He has remained in hiding in Guatemala, not in prison. That distinction is one that the administration may use to justify not similarly returning other wrongfully deported migrants.
Unlike Cristian and the dozens of others incarcerated at CECOT in El Salvador, O.C.G. wasn't deported under the Alien Enemies Act, which the Trump administration has sought to use as an entirely separate legal basis for removals and will likely use to distinguish O.C.G.'s case.
All of which is to say that while the administration's signal that it will abide by the court order to facilitate O.C.G.'s return is a potential breakthrough that undermines its legal position in other cases, I'd caution against leaping to the conclusion that it is the beginning of a wholesale walk-back of the administration's outrageous conduct in these key anti-immigration cases.
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