Kilmar Ábrego García’s chances to accept legal responsibility are dwindling after being indicted on multiple counts of human smuggling. A federal judge already has indicated that this move could be an illegal retaliation by the Trump administration. The indictment follows García’s wrongful deportation to El Salvador. This deportation occurred despite judicial orders that he not be deported, because of threats from gangs that pursued his family.
In a similar situation, Britania Uriostegui Rios, a transgender woman, was targeted in an illegal deportation to Mexico. This occurred, incredibly, after a court found that she was likely to experience torture on account of her gender identity. The Trump administration is currently in the process of bringing her back home to the United States after those events.
Kilmar Ábrego García’s case peaked when he entered a not guilty plea to the smuggling charges. An American immigration judge had already turned down his U.S. asylum application. This decision portended a wide expanse of future bad news for the legality of the Trump administration’s actions. As for Trump, a federal judge has laid bare some of the circumstances surrounding that indictment indicating it could be the retaliatory action against him.
The court ruled that the U.S. shouldn’t deport García back to El Salvador. It would put him in serious peril to return there now. Despite this, he was deported, raising significant legal questions about the adherence to judicial decisions by immigration authorities.
Britania Uriostegui Rios’s story is almost identical to García’s in a lot of ways. Following deportation to Mexico, she had a clear, present, and severe risk of torture or death. Recklessly defying the court order that was meant to protect her, she filed suit against the Trump administration. Throughout the course of her detention, the Trump administration has attempted to transfer her to several countries—including Costa Rica and Honduras. These efforts have failed.
“ICE confirmed that your client was removed to Mexico inadvertently,” – a justice department attorney.
“ICE stands ready to remedy the inadvertent removal by allowing your client to voluntarily reenter the United States if your client wishes to do so.” – a justice department attorney.
While important litigation is still ongoing, the administration is trying to find other countries to send Uriostegui Rios to. As both cases unfold, they highlight troubling discrepancies in immigration enforcement practices and raise questions about the treatment of vulnerable individuals under U.S. immigration law.