Judge orders DHS to un-deport illegal immigrant from Guatemala

A federal judge on Friday ordered the Trump administration to un-deport an illegal immigrant it had sent to Mexico and who has since gone to Guatemala, saying the government made an “error” in booting him out.

Judge Brian Murphy, the same judge who is also holding up a high-profile deportation of eight major felons, said the government admitted it never checked to see if the man, known in court documents as OCG, could be safely sent to Mexico.

In fact, he’d been kidnapped and raped in Mexico and feared being sent there. He was sent anyway, in what the judge said was a violation of his “due process” rights.

Judge Murphy said that earns OCG the chance at a do-over.

“Defendants are hereby ordered to take all immediate steps, including coordinating with plaintiffs’ counsel, to facilitate10 the return of OCG to the United States,” the judge wrote.

After being deported to Mexico OCG made his way to Guatemala, his home country, but one where he has already proved his life is in danger.

Homeland Security officials had initially told the judge OCG had been asked if he had a problem with being sent to Mexico and he said he did not. But the government has since said it cannot find anyone who actually did ask that question, and nobody knows how a notation appeared in his file suggesting the question had been asked.

Judge Murphy is also holding up the deportation of a planeload of murderers and sex offenders the U.S. was sending to South Sudan. The judge said he doesn’t believe they got full due process either.

The Trump administration said in court filings Friday that the judge is meddling in thorny areas of national security and foreign policy.