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A federal judge orders the Trump administration to return a Guatemalan deported to Mexico to the US

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A federal judge orders the Trump administration to return a Guatemalan deported to Mexico to the US
News

News

A federal judge orders the Trump administration to return a Guatemalan deported to Mexico to the US

2025-05-25 04:53 Last Updated At:05:01

A federal judge ordered the Trump administration late Friday to facilitate the return of a Guatemalan man it deported to Mexico in spite of his fears of being harmed there.

The man, who is gay, was protected from being returned to his home country under a U.S. immigration judge's order at the time. But the U.S. put him on a bus and sent him to Mexico instead, a removal that U.S. District Judge Brian Murphy found likely “lacked any semblance of due process.”

Mexico has since returned him to Guatemala, where he is in hiding, according to court documents. An earlier court proceeding that determined the man, identified by the initials O.C.G., risked persecution or torture if returned to Guatemala, but he also feared returning to Mexico. He presented evidence of being raped and held for ransom there while seeking asylum in the U.S.

“No one has ever suggested that O.C.G. poses any sort of security threat,” Murphy wrote. “In general, this case presents no special facts or legal circumstances, only the banal horror of a man being wrongfully loaded onto a bus and sent back to a country where he was allegedly just raped and kidnapped.”

Department of Homeland Security Assistant Secretary Tricia McLaughlin said O.C.G. was in the country illegally, was “granted withholding of removal to Guatemala” and was instead sent to Mexico, which she said was “a safe third option for him, pending his asylum claim.”

McLaughlin called the judge a “federal activist judge” and said the administration expects to be vindicated by a higher court.

Murphy's order adds to a string of findings by federal courts against recent Trump administration deportations. Those have included other deportations to third countries and the erroneous deportation of Kilmar Abrego Garcia, an El Salvadoran who had lived in Maryland for roughly 14 years working and raising a family.

The U.S. Supreme Court ordered the Trump administration to facilitate Abrego Garcia's return to the U.S. from a notorious Salvadoran prison, rejecting the White House’s claim that it couldn’t retrieve him after mistakenly deporting him. Both the White House and the El Salvadoran president have said they are powerless to return him. The Trump administration has tried to invoke the state secrets privilege, arguing that releasing details in open court — or even to the judge in private – about returning Abrego Garcia to the United States would jeopardize national security.

In his Friday ruling, Murphy nodded to the dispute over the verb “facilitate” in that case and others, saying that returning O.C.G. to the U.S. is not that complicated.

“The Court notes that ‘facilitate’ in this context should carry less baggage than in several other notable cases,” he wrote. “O.C.G. is not held by any foreign government. Defendants have declined to make any argument that facilitating his return would be costly, burdensome, or otherwise impede the government’s objectives.”

FILE - A military aircraft waits for migrants to board from a bus at Fort Bliss in El Paso, Tx., Thursday, Jan. 30, 2025, before deporting them to Guatemala. (AP Photo/Christian Chavez, File)

FILE - A military aircraft waits for migrants to board from a bus at Fort Bliss in El Paso, Tx., Thursday, Jan. 30, 2025, before deporting them to Guatemala. (AP Photo/Christian Chavez, File)

EAGAN, Minn. (AP) — Harrison Smith's 14th year as a steadying presence and energizing force in the secondary for the Minnesota Vikings has hardly been smooth.

The undisclosed health-related matter that sidelined him during training camp was a major setback to his conditioning, putting him in catch-up mode for most of the first half of the season. The Vikings defense was more vulnerable than usual over those early games, too.

Then with the offense struggling through the developmental process with quarterback J.J. McCarthy, the Vikings stumbled through November to drop to 4-8 and precipitate their elimination from playoff contention.

But lately?

“I’ve been playing football a long time,” Smith said after Minnesota's victory over the Detroit Lions on Christmas Day, “and I have not had fun like that in my whole career.”

Smith received the NFC Defensive Player of the Week award for that performance in his 206th regular-season game, after logging three passes defensed, two tackles for loss, one sack and one interception. He last won that award in 2018.

With career totals of 21½ sacks and 39 interceptions, Smith is just the second player in NFL history to hit those marks, behind Pro Football Hall of Fame member Ronde Barber, who had 28 sacks and 47 interceptions. Smith is also one of four players all time, with Barber, Brian Dawkins and Charles Woodson, to total at least 50 tackles for loss, 100 passes defensed and 200 regular-season games played. Smith (202) also trails only Jim Marshall (270) and Mick Tingelhoff (240) on the team’s all-time list for career starts.

Following the interception against the Lions, Smith was feted on the sideline in a circle of his teammates. He was the recipient of multiple ovations from the U.S. Bank Stadium crowd. Afterward, as Smith tried to sum up what that experience meant to him, his voice cracked several times before he had to pause to compose himself.

“The fans here have never experienced a Super Bowl. They always show up, and for them to keep showing up ... it just shows how much they love the team, how much they love everything that goes into it," Smith said. “We’re out of the playoffs, and everybody shows up in white. They do their part, and one of these days they’ll get it.”

The scene sure felt like a farewell. But so did Smith's emotional postgame remarks after the Vikings were ousted from the playoffs last season.

Could he envision himself returning for a 15th year?

“I can’t speak on that right now. I’m a very much in-the-moment type of guy,” Smith said.

Vikings coach Kevin O'Connell, who has forged a close relationship with the six-time Pro Bowl safety, has made no secret of his desire to keep Smith in place.

Defensive coordinator Brian Flores has turned over some of the play-calling and decision-making to Smith on the field before and after the snap, and an increased emphasis on blitzing in recent weeks has paid plenty of dividends.

"He has an unbelievable feel of the system. He has an unbelievable feel of what ‘Flo’ and the defensive staff really want to do, and he’s out there playing a game within the game,” O’Connell said. “It’s been spectacular to watch. It’s been awesome from my perspective to watch what he’s able to do at this point in his career mentally, and then physically he’s making a lot of plays as well.”

The uncertainty about next season for the defense stretches beyond Smith, with other expensive veterans facing the possibility of being released for cost savings with the Vikings projected to be well over the salary cap approaching the 2026 league year.

Then there's Flores, whose contract will soon expire, making him a free agent. Though his landmark discrimination lawsuit against the NFL that’s still in the court system nearly four years later continues to loom over any interviews he gets for head coach openings, there's also an opening for another club to try to lure him away with a break-the-bank offer for a lateral move.

O'Connell said this week that he doesn't anticipate such a scenario playing out and hopes to have him as long as he can before he's hired again as a head coach.

“I love Minnesota. I love this team. I love working for and with K.O.," said Flores, who was head coach of the Miami Dolphins from 2019-21 and joined the Vikings in 2023. "This place has shown me a lot of love, and I show them right back, and so I don’t know how much more there is to it. From a football standpoint, it fits. There’s always a, let’s call it, business part of this. But the football all lines up. We’ll just see where it all goes.”

AP NFL: https://apnews.com/hub/NFL

Detroit Lions quarterback Jared Goff (16) throws under pressure from Minnesota Vikings safety Harrison Smith (22) during the second half of an NFL football game, Thursday, Dec. 25, 2025, in Minneapolis. (AP Photo/Bruce Kluckhohn)

Detroit Lions quarterback Jared Goff (16) throws under pressure from Minnesota Vikings safety Harrison Smith (22) during the second half of an NFL football game, Thursday, Dec. 25, 2025, in Minneapolis. (AP Photo/Bruce Kluckhohn)

Minnesota Vikings defensive coordinator Brian Flores stands on the sideline before an NFL football game against the Detroit Lions, Thursday, Dec. 25, 2025, in Minneapolis. (AP Photo/Bruce Kluckhohn)

Minnesota Vikings defensive coordinator Brian Flores stands on the sideline before an NFL football game against the Detroit Lions, Thursday, Dec. 25, 2025, in Minneapolis. (AP Photo/Bruce Kluckhohn)

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