Judge Orders Return of Man Deported by Trump Administration

U.S. District Judge David Guaderrama has ruled that the Trump administration’s deportation of Faustino Pablo Pablo to Guatemala violated a court order. This ruling, issued on December 1, 2023, mandates that the government return Pablo to the United States by December 12, 2023. The court’s decision highlights what Guaderrama described as “blatant lawlessness” in the administration’s actions.

Pablo was deported from El Paso, Texas, despite a prior ruling that found he was at risk of torture should he be returned to Guatemala. The immigration judge determined that it was “more likely than not” that he would face persecution from the Guatemalan government, leading to an order of withholding removal under the Convention Against Torture.

During a hearing on November 29, the government acknowledged that Pablo was unlawfully removed, as he was subject to withholding of removal at the time. The U.S. Attorney’s Office for the Western District of Texas indicated that Pablo was tentatively scheduled for return, but this did not occur as planned.

As of the judge’s latest order, Pablo remains in Guatemala, and the court expressed concern over his current status. Guaderrama noted that much of the case’s federal court record is not publicly accessible as it began as a habeas corpus request, which typically remains confidential.

Pablo’s legal troubles began when he was detained on November 5, 2023, during a routine check-in with Immigration and Customs Enforcement (ICE). Despite complying with his supervision requirements since his release in 2013, he was taken into custody without prior notice. Following his detention, he was transferred to ICE’s Camp East Montana at Fort Bliss for removal staging.

On November 18, 2023, his attorney, Jennifer Scarborough, filed a petition for a writ of habeas corpus to secure his release. She sought a preliminary injunction to prevent his removal from the Western District of Texas until the court could assess the habeas corpus motion. Despite these legal efforts, Pablo was transported to the El Paso airport on November 20, 2023, and placed on a flight to Guatemala. By the time the court intervened, he had already arrived in Guatemala City.

The government initially argued that the court lacked the jurisdiction to reverse Pablo’s removal, yet it subsequently committed to facilitating his return. Guaderrama clarified that he holds jurisdiction over Pablo’s request, emphasizing the need to address the unlawful nature of the deportation.

The Trump administration has faced criticism for similar deportations, with several individuals being sent back to their home countries despite existing court orders. One notable case involved Kilmar Abrego Garcia, who was deported to El Salvador in March 2023 and later returned to the U.S. amid legal challenges.

As the situation unfolds, Pablo’s case continues to draw attention to the complexities surrounding immigration enforcement and the legal protections afforded to individuals facing removal. The outcome of this ruling may have broader implications for future deportation cases and the enforcement of court orders in immigration matters.