Migrant deported to third country returned to US after Trump admin yields to judge’s order

A Guatemalan man who was deported to Mexico by the Trump administration was returned to the U.S. this week, his lawyers confirmed to Fox News on Thursday, marking the first known instance of the Trump administration complying with a judge’s orders to return an individual removed from the U.S. based on erroneous information.

The individual, identified only as O.C.G, was returned to the U.S. via commercial flight, lawyers confirmed, after being deported to Mexico in March.

The news comes one week after lawyers for the Justice Department told U.S. District Judge Brian Murphy that they were working to charter a plane to secure the return of the individual, identified only as O.C.G., to U.S. soil. 

Murphy had ruled that O.C.G., a Guatemalan migrant, had been deported to Mexico earlier this year without due process and despite his stated fears of persecution, and ordered the Trump administration to facilitate his return. 

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Additionally, Murphy told laywers for the administration that O.C.G. had not been given the chance to contest his removal to a country where he could face threats of torture, a right afforded under U.S. and international law.

O.C.G. was previously held for ransom and raped in Mexico but was not afforded the chance to assert those fears prior to his removal, Murphy noted in his order, citing submissions from O.C.G.'s attorneys.

"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," Murphy said earlier this month, noting that the removal process "lacked any semblance of due process."

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"The return of O.C.G. poses a vanishingly small cost to make sure we can still claim to live up to that ideal," Murphy said in his order.

Lawyers for the Trump administration told the court last week that the Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations Phoenix Field Office made contact over the weekend with O.C.G.’s attorneys and are "currently working with ICE Air to bring O.C.G. back to the United States on an Air Charter Operations (ACO) flight return leg."

That appears to have happened, and O.C.G. was flown via commercial airline to the U.S. on Wednesday.

The news comes amid a broader court fight centered on Trump's use of the 1798 Alien Enemies Act – an 18th-century wartime law it invoked earlier this year to deport certain migrants more quickly. Many were sent to CECOT, El Salvador's maximum-security prison.

To date, the Trump administration has not complied with federal court orders to facilitate the return of those individuals to the U.S., even individuals who were deported in what the administration has acknowledged was an administrative error. 

Unlike the migrants at CECOT, however, O.C.G. had not been detained in Mexico.

The Trump administration did not immediately respond to Fox News' request for comment. They did not immediately respond to questions about whether the administration plans to follow suit in other cases in which a federal judge ordered the administration to return an individual deemed to have been wrongfully deported.

The news comes just hours after U.S. District Judge James Boasberg ordered the Trump administration to provide all migrants removed to CECOT under the Alien Enemies Act an opportunity to seek habeas relief to contest their removal, as well as the opportunity to challenge their alleged gang status, which was the basis for their removal under the law.

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Judge Boasberg also gave the Trump administration one week to submit to the court information explaining how it plans to facilitate the habeas relief to migrants currently being held at CECOT.

That ruling is almost certain to provoke a high-stakes legal standoff with the administration, and comes as Trump officials have railed against Judge Boasberg and others who have ruled in ways seen as unfavorable to the administration as so-called "activist judges."

Trump called for Boasberg's impeachment earlier this year, prompting Supreme Court Chief Justice John Roberts to issue a rare public statement of rebuke. 

"America’s asylum system was never intended to be used as a de facto amnesty program or a catch-all, get-out-of-deportation-free card," DHS spokesperson Tricia McLaughlin said in a statement over the weekend.

GOP congressman says Signal leak was ‘obviously’ a mistake, defers to president to determine consequences

GOP Rep. Marlin Stutzman told Fox News Digital that the recent Signal leak debacle was "obviously" a mistake, but he expressed confidence in the Trump administration's national security officials and said he trusts the president to determine whether any consequences should be handed down.

"Yes, obviously, we don't want those things to happen," Stutzman. R-Ind., told Fox News from inside the Capitol. "We all know that President Trump is America First. He supports our military, he supports security – I mean, he is the law and order president, so he's going to make sure that he takes care of this… he's going to be the one to make this decision and I support whatever decision he makes."

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Stutzman's comments came amid a reported attempt by Democratic Minnesota Congresswoman Ilhan Omar to introduce articles of impeachment against Defense Secretary Pete Hegseth, national security advisor Michael Waltz and CIA Director John Ratcliffe, each of whom were involved in the Signal chat leak. 

Trump confirmed Thursday aboard Air Force One that multiple employees within the National Security Council were fired, but did add that it was not many. So far, no consequences have been handed down to Hegseth, Waltz or Ratcliffe, three of the highest-ranking officials who allegedly participated in the leaked Signal chat.  

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Republicans have said there was no classified material shared or discussed in the leaked Signal chat, but Democrats have insisted the manner in which sensitive information was handled was still "reckless," potentially illegal and constituted the need for repercussions.

But Stutzman expressed confidence in the administration's national security officials and the president, noting that "so far" everyone involved has taken appropriate responsibility and "they're going to make sure that it doesn't happen again."

"I think they'll analyze every communication channel that they have," Stutzman said. "I think that they're going to be sure, especially this soon in the administration – this will be a top priority for them… we all know that there are folks all around the world trying to get into American leaders' conversations all the time, and so they're going to be just as diligent."

Trump says Waltz doesn’t need to apologize over Signal text chain leak: ‘Doing his best’

President Donald Trump defended National Security Advisor Michael Waltz during an ambassador meeting on Monday, as his administration faces fierce backlash over the recent Signal text chain leak.

Waltz, whose staffers had unknowingly added The Atlantic editor-in-chief Jeffrey Goldberg to a Signal group chat where Secretary of State Pete Hegseth and others discussed sensitive war plans, has come under fire for the blunder. Speaking to a room full of reporters, Trump said he believes Waltz is "doing his best."

"I don't think he should apologize," the president said. "I think he's doing his best. It's equipment and technology that's not perfect."

"And, probably, he won't be using it again, at least not in the very near future," he added.

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Goldberg was added to the national security discussion, called "Houthi PC Small Group", earlier in March. He was able to learn about attacks against Houthi fighters in Yemen long before the public.

"According to the lengthy Hegseth text, the first detonations in Yemen would be felt two hours hence, at 1:45 p.m. eastern time," Goldberg wrote in his piece about the experience. "So I waited in my car in a supermarket parking lot. If this Signal chat was real, I reasoned, Houthi targets would soon be bombed. At about 1:55, I checked X and searched Yemen. Explosions were then being heard across Sanaa, the capital city."

Though Goldberg's inclusion in the chat did not foil the military's plans, the national security breach has still stunned both supporters and critics of the Trump administration. During the Tuesday meeting, Trump also said that he was in contact with Waltz over whether hackers can break into Signal conversations.

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"Are people able to break into conversations? And if that's true, we're gonna have to find some other form of device," Trump said. "And I think that's something that we may have to do. Some people like Signal very much, other people probably don't, but we'll look into it."

"Michael, I've asked you to immediately study that and find out if people are able to break into a system," he added.

In response, Waltz assured Trump that he has White House technical experts "looking at" the situation, along with legal teams.

"And of course, we're going to keep everything as secure as possible," the national security official said. "No one in your national security team would ever put anyone in danger. And as you said, we've repeatedly said the attack was phenomenal, and it's ongoing."

Biden border chief Mayorkas in hot seat over Jordanian nationals who tried to breach Quantico

FIRST ON FOX: Department of Homeland Security Secretary Alejandro Mayorkas is coming under scrutiny following news that two foreign nationals from Jordan attempted to breach the Quantico Marine Corps Base in Virginia while posing as delivery drivers. 

"Please explain how they came to the United States. Were they here illegally? Are either of them on any terrorist watchlist?" Senate Judiciary Committee Ranking Member Lindsey Graham, R-S.C., questioned Mayorkas in a letter, also requesting the current status of the individuals. 

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The two foreign nationals sought entry to Quantico earlier this month, presenting themselves in a box truck and identifying as delivery drivers. After being brought to a holding area, they attempted to move farther toward the Marine base. However, they were prevented from doing so by officers. 

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The individuals were turned over to U.S. Immigration and Customs Enforcement (ICE) custody following the event.

Acting ICE Director Patrick Lechleitner previously told Fox News Digital that the foreign nationals were in removal proceedings. 

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Graham prompted Mayorkas for an immediate response, asking for information about the Jordanian nationals' "background and intent."

According to the ranking member, "This will allow us to make an informed decision about how to address the recurring threat posed to our national security by this kind of incident, which is not isolated."

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DHS did not provide comment to Fox News Digital. 

Republican lawmakers have increasingly sounded the alarm over the vulnerabilities at the U.S. southern border being a security threat, noting the number of nationals from all over the world entering illegally across it. Some have warned that a terrorist attack, similar to that of Sept. 11, 2001, could take place again due to relatively unfettered illegal migration occurring into the U.S.

The House of Representatives made history earlier this year, impeaching Mayorkas, making him only the second cabinet official to suffer that fate. 

However, the majority-Democratic Senate blocked an impeachment trial from moving forward, allowing the DHS secretary to avoid scrutiny. 

This week was a ‘bad week’ for the US Constitution, Ted Cruz says

Senator Ted Cruz, R-Texas, told "Sunday Morning Futures" anchor Maria Bartiromo that the past week was "really bad" for the United States Constitution. The Texas Republican's comments came as the Senate dismissed the impeachment trial of Department of Homeland Security Secretary Alejandro Mayorkas and their refusal to enforce the warrant requirement for FISA reauthorization. 

MARIA BARTIROMO:…Why are you having such a hard time moving the needle on security at the border, Senator? ‘You’ meaning Republicans?

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SEN. TED CRUZ Well, listen, the Democrat Party has embraced open border. They want this invasion. And Republicans, listen, I, I feel for speaker Mike Johnson. He has a virtually impossible job. He's down now to a one vote majority. That majority goes all over the place on everything. And so he's a good man who is trying mightily. But at least so far, Republicans have not been willing or able to use the leverage we have to force real border security

I'll tell you, Maria, this week was a bad week for the United States Constitution. This week we had the Alejandro Mayorkas trial that was supposed to happen this week, and Senate Democrats, every Democrat, refused to hold a trial and essentially nuked the impeachment provisions of the Constitution. And also this week, we saw both the House and the Senate refuse to enforce the Fourth Amendment's warrant requirement for searches of American citizens on FISA. And I think both of those in the same week is really a bad week for the Constitution.

Republicans demand answers after top Biden official invited CCP leaders to sensitive national security site

FIRST ON FOX: A coalition of 18 House Republicans led by GOP Conference Chair Elise Stefanik, R-N.Y., are pressing Energy Secretary Jennifer Granholm over her agency's invitation for foreign adversaries to inspect a sensitive U.S. nuclear testing site.

In a letter sent Thursday morning, Stefanik and the other Republicans blasted Granholm for recently offering China and Russia "unprecedented access" to the Department of Energy's (DOE) Nevada National Security Site. Bloomberg reported in September that the DOE's National Nuclear Security Administration invited Chinese and Russian officials to tour the site to prove the U.S. is upholding a three-decade moratorium against testing nuclear weapons.

"I am leading my colleagues in demanding that President Biden revoke this misguided invitation to our adversaries in Beijing and Moscow that grants them unprecedented access and insight into our nuclear weapons," Stefanik told Fox News Digital. "Inviting Communist China and Russia to have a front row seat for our sensitive nuclear weapons tests will give them invaluable information on how to defeat our nuclear capabilities and improve their own."

"At a time when our adversaries are growing their nuclear stockpiles to undermine America’s leadership allowing them access to one of our nuclear test sites will only advance this pursuit and lead to our own destruction," she continued.

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The National Nuclear Security Administration invited its Chinese and Russian counterparts to tour the Nevada site — where sensitive nuclear experimentation is conducted — during the latest International Atomic Energy Agency summit, according to Bloomberg. Corey Hinderstein, a senior National Nuclear Security Administration official, said China and Russia didn't immediately respond to the invitation.

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The invitation came months after Russian President Vladimir Putin suspended his nation's participation in the only remaining nuclear arms control pact with America. And last week Putin signed a law withdrawing Russia from its ratification of a global treaty banning nuclear weapons tests in a move quickly condemned by the State Department and which is evidence of deteriorating relations between the two sides.

Rep. Doug Lamborn, R-Colo., who was one of the co-signers of Stefanik's letter to Granholm on Thursday, said allowing foreign adversaries to observe U.S. nuclear testing activities "allows them to derive our methods and procedures and this destroys deterrence."

"As Chairman of the House Armed Services Strategic Forces Subcommittee, one of my priorities has been to strengthen and protect our nuclear arsenal," he told Fox News Digital. "In the world today, nothing could jeopardize our national security more than losing this advantage. I was stunned to hear recent reports of Biden administration officials inviting citizens from our two greatest adversaries to observe U.S. nuclear weapons tests."

"Russia and China should not have insider access to our testing. Both countries have had ample opportunity to be more open about their nuclear weapons development and deployments and refuse to do so. The amendment I introduced on this matter will halt the Biden administration's latest lapse in judgment," the Colorado lawmaker continued.

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Late last month, Lamborn introduced a bill to block foreign nationals from witnessing U.S. nuclear weapons testing at national labs. The bill was attached to the Fiscal Year 2024 Energy and Water Development and Related Agencies Appropriations Act which the House passed on Oct. 26.

The letter Thursday also comes as China continues to expand its own nuclear capabilities and armament. Stefanik, Lamborn and the other GOP lawmakers noted the Department of Defense has warned China’s nuclear expansion is exceeding previous U.S. projections.

"The PRC is now projected to have over 1,000 warheads by the end of this decade," General Anthony Cotton, the commander of the U.S. Strategic Command, told lawmakers during an Armed Services Committee hearing in March.

In their letter, the Republicans told Granholm that China now has no reason to halt the aggressive expansion of its nuclear development "if they are given this access while offering nothing in return." They further noted that China has refused to engage in discussions on its nuclear expansion and DOE's actions threaten to "embolden their efforts to continue growing their arsenal."

"The notion of granting America’s adversaries’ access to our military sites — and enabling them to gain information about U.S. nuclear capabilities — is deeply alarming and fundamentally absurd," Rep. Rob Wittman, R-Va., another letter co-signer, told Fox News Digital. 

"I am proud to join my colleagues in demanding the Biden administration explain why they are inviting Russian and Chinese Communist Party officials to access our most sensitive laboratories and testing facilities." 

In addition to Stefanik, Lamborn and Wittman, fellow GOP Reps. Joe Wilson, James Moylan, Bill Posey, Pat Fallon, Chris Smith, Ashley Hinson, Carlos Gimenez, Scott DesJarlais, John Moolenaar, Lance Gooden, Brett Guthrie, Dale Strong, Julia Letlow, Robert Aderholt and Brad Wenstrup also co-signed the letter.

The DOE didn't immediately respond to a request for comment.

GOP bill would force Mayorkas to fly commercial until he comes up with a border plan

A handful of House Republicans are looking to ban Homeland Security Secretary Alejandro Mayorkas and his staff from flying on federal executive aircraft or private jets until he presents a plan to Congress for securing the southwestern U.S. border.

The "Mayorkas Must Fly Coach Until We Secure the Border Act" would require Mayorkas to fly on commercial airlines, and reflects the growing frustration with the Biden administration’s handling of the border crisis. A record 2.3 million migrant encounters were logged in fiscal year 2022, up from 1.7 million the year before.

A record-high 251,000 border encounters were seen in December, and while that number fell to about 150,000 in January, Republicans continue to argue that failing to control the border is putting migrant children at risk and allowing fentanyl and other dangerous drugs to enter the U.S. unchecked, along with millions of illegal immigrants.

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"This bill simply recognizes what is already obvious to South Texans and millions of Americans: Secretary Mayorkas’ failure to secure the southern border has hurt the American people and resulted in a humanitarian crisis in communities like mine," said Rep. Monica De La Cruz, R-Texas, the lead sponsor of the bill. "If he refuses to fulfill the most basic functions of his office, he should be stripped of the private flights he currently enjoys, courtesy of American taxpayers, until he does his job."

The legislation is a relatively minor punishment for Mayorkas compared to two other bills proposed by Republicans that would impeach him.

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One of those bills, from Rep. Pat Fallon, R-Texas, says Mayorkas has violated his constitutional oath by failing to maintain operational control over the border, as more than 5.5 million illegal immigrants have crossed into the U.S. under his watch. That resolution, which has 41 cosponsors, says Mayorkas terminated contracts for the remaining construction of the border wall started by President Trump and accuses him of lying to Congress by testifying last year that the U.S. government has operational control of the border.

A second impeachment resolution, from Rep. Andy Biggs, R-Ariz., makes similar arguments and notes that Mayorkas has violated the Immigration and Nationality Act by releasing illegal immigrants into the U.S. instead of removing them. "The Secretary of Homeland Security does not have the option of simply releasing those aliens into the interior of the United States," reads that resolution, which has 31 GOP cosponsors.

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Biggs is a cosponsor of De La Cruz’s bill banning Mayorkas from private jets, along with Reps. Andy Ogles, R-Tenn., Derrick Van Orden, R-Wis., Anna Paulina Luna, R-Fla., and Marjorie Taylor Green, R-Ga.

Despite widespread frustration with the Biden administration’s border policies, House Republicans have yet to schedule a vote on any bill aimed at pressuring Mayorkas into doing more to stop the flow of illegal immigrants into the U.S.

Schiff says Bolton is ‘no patriot’ despite disclosures in memoir

Rep. Adam Schiff, D-Calif., slammed former national security adviser John Bolton as “no patriot” after excerpts from his book claim House Democrats committed “impeachment malpractice” by limiting their inquiry to Ukraine.

John Bolton pressed by Susan Rice on impeachment testimony at Vanderbilt event

Former national security advisers John Bolton and Susan Rice engaged in a sometimes-tense debate over Russia and the impeachment trial against President Trump, in front of a crowd of 1,500 people Wednesday in Nashville.

Trump slams ‘very insubordinate’ Vindman, day after ouster from White House

President Trump on Saturday ripped into Lt. Col. Alexander Vindman, who testified in the impeachment inquiry and was fired by the National Security Council a day earlier