A US District Judge has instructed the Trump administration to do just that. They need to urgently assist in returning Kilmar Ábrego García, a gay man who was wrongfully deported to El Salvador after seeking asylum in the U.S. This decision follows a continuing trend of targeted violence against him across Central America. It underscores serious concerns with how the administration is processing asylum cases.
Kilmar Ábrego García, who came to the US seeking asylum after surviving two brutal, homophobic assaults in Guatemala, applied for asylum in the US last year. He offered proof that he had been raped and kidnapped for ransom. In his search for protection, he pointed out the threats to his life that he experienced due to his sexual orientation. A US immigration judge had decreed that he be shielded from deportation to Guatemala. Then the Trump administration put him on a bus to Mexico.
The Supreme Court’s decision earlier this week required that the government “ensure” García’s return to safety. So far, the White House has asserted that it does not have the authority to guarantee this process. Justice Brian Murphy was the presiding judge in the case. He lambasted the Trump administration for breaking a court’s order that barred officials from deporting people to countries they weren’t at risk of being sent to. He continued to state that García’s deportation must have “lacked any semblance of due process.”
Judge Murphy’s ruling isn’t only applicable to García’s case. Even so, it brings to light key issues that asylum seekers have been living through. This is doubly true for those in danger of persecution in their native countries. He witnessed as another Guatemalan man was deported to Mexico despite credible fear for their safety. Fortunately, a court stepped in and he was later restored to Guatemala.
“No one has ever suggested that OCG poses any sort of security threat,” – Judge Brian Murphy
The ruling has reignited discussions around the treatment of LGBTQ individuals seeking asylum in the US and the administration’s responsibilities towards them. Kilmar Ábrego García expressed his fear and desperate situation upon being deported, stating, “I have been living in hiding, in constant panic and constant fear.”
Judge Murphy emphasized that the word “facilitate” should not mean more than that in this instance. He emphasized that the context demands a thoughtful interpretation. His remarks aim to clarify the responsibilities of government officials concerning asylum seekers who have faced persecution due to their identity.