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.

Soros-backed Philly DA could face uphill battle for re-election if GOP write-in scheme succeeds

In the six-to-one Democrat stronghold of Philadelphia, winning a seat as a Republican is tough to say the least.  There hasn’t been a Republican mayor since Bernard Samuel in the 1950s, for example. 

So it may not be that surprising that the local GOP has a plan it hopes will give a Democrat primary challenger to incumbent District Attorney Lawrence Krasner a crucial second round against the Soros-backed prosecutor should he get knocked out in Tuesday's primary election.

Krasner is facing fellow Democrat and former judge Pat Dugan, who also has the support of several Democrat ward committees and Philadelphia political stalwarts like state Sen. Tina Tartaglione, plus a slew of union groups like IAFF and the Teamsters.

In his pitch to voters, Dugan drafted a "geographic prosecution plan" to crack down on crime in the city.

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"This plan is about more than just fighting crime—it’s about rebuilding communities. [It] will hold criminals accountable, provide second chances when appropriate, and ensure every neighborhood feels the impact of a fair and just system they can trust and believe in again," Dugan said in a statement on his campaign site.

Krasner, seeking a third term, has been lambasted for his progressive criminal justice policies and faced impeachment proceedings from Republicans in the now-Democrat-controlled State House of Representatives.

In 2023, a Commonwealth Court judge ruled the GOP-controlled Senate cannot hold a trial because the House’s articles of impeachment didn’t meet the bench’s standards.

One top Republican, 2022 gubernatorial nominee Sen. Doug Mastriano, notably opposed Krasner’s impeachment, quipping, "Philadelphia: They want Krasner – they like him. That’s a huge mandate."

While there was a drop in homicides year-over-year in 2023, Philadelphia saw a spike from 351 the year he took office in 2018 to 562 in 2021. Krasner also ceased charges for certain offenses like marijuana possession, eliminated cash bail for some offenders and has sought generally more lenient sentences than conservatives want.

In the city where then-Mayor James Kenney did a dance on social media to celebrate its inception as a sanctuary city, Krasner has followed up by refusing to honor ICE detainer requests, saying that letting the feds tell him who to jail is unconstitutional.

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Krasner’s backing from about $1.45 million in political action committee support tied to Hungarian-American billionaire George Soros has also led to criticism.

Last week, Dugan told PhillyVoice the city is feeling "Krasner fatigue" after eight years.

"Many people come up to me and tell stories about how upset they are with some of the policies with the DA's office," he said.

Republicans, largely out of power in the city for decades outside of two at-large city council seats that they – or independents – must statutorily be elected to, see Dugan’s candidacy as an opportunity to oust Krasner and have a way to give him a second chance should he fail in Tuesday's primary.

The city’s Republican Party funded a website advising voters to write-in Dugan on the Republican line. By law, if Dugan receives 1,000 write-ins, he will be named the Republican general election nominee unless he declines the opportunity. That would give more city voters a chance to turn out Krasner in the November general election.

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"This is about making crime in Philadelphia illegal," PhillyGOP chair Vince Fenerty told the South Philly Review.

Fox News Digital reached out to both Krasner and Dugan via their campaigns for comment but did not hear back by the publication deadline.

EXCLUSIVE: Emerging GOP leader backing Trump’s use of Alien Enemies Act at Supreme Court

EXCLUSIVE – Freshman Congressman Brandon Gill, R-Texas, is teaming with pro-MAGA law firm America First Legal to file an amicus brief to the Supreme Court backing President Donald Trump’s use of the Alien Enemies Act to deport illegal immigrant gang members. 

Gill, an outspoken conservative, was behind the effort to impeach the activist judge who halted the Trump administration's deportation of members of the Venezuelan gang Tren de Aragua – a violent criminal group known by its acronym TdA.

The brief was filed to the Supreme Court on Tuesday, just days after acting U.S. Solicitor General Sarah Harris petitioned the court to lift a temporary restraining order inhibiting the administration from carrying out its deportation agenda.

In their brief, America First and Gill argue the president has "absolute authority" under the Alien Enemies Act to determine when an invasion has occurred, and that this decision is "not judicially reviewable."

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The brief argues that "the evidence is that TdA has invaded the United States at the direction of the Venezuelan government and continues to invade, attempt to invade, and threaten to invade the country; perpetrated irregular warfare within the country; and used drug trafficking as a weapon against American citizens." 

In a statement to Fox News Digital, America First senior counsel James Rogers said, "The notion that a single unelected judge may take it upon himself to micromanage the defense of our nation is an unprecedented and complete corruption of the separation of powers, which is a bedrock feature of our Republic."

"AFL is proud to join with Rep. Brandon Gill to stand up for the rule of law and to protect our American citizens," said Rogers. 

"The evidence is that TdA is tied to the Government of Venezuela; members of this violent gang clearly qualify as invading aliens under the Alien Enemies Act," he added. "This law was passed more than 226 years ago, and courts have always held that they lack the power to interfere with the President’s authority as Commander in Chief to decide when to invoke the Act and expel aliens under its terms."

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"No plaintiff is entitled to use the courts to frustrate the president's exercise of clear constitutional authority," added America First Vice President Dan Epstein.

"The Biden administration’s failures depict clear reasons why the United States must fight this visceral threat to American self-government and the rule of law," he went on, adding, "The president declared that the United States is under invasion. The president has the power to make such a determination."

This comes after a 2-1 decision by a D.C. Circuit Court of Appeals panel upheld a ruling by D.C. federal Judge James Boasberg, a Biden appointee, further blocking the Trump administration's immigration enforcement plans. 

At issue is the Trump administration's authority to invoke the Alien Enemies Act, a 1798 wartime law, to immediately deport Venezuelan nationals, including alleged members of Tren de Aragua, which was designated a foreign terrorist organization by the Trump State Department.

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Trump issued an executive order on March 15 titled "Invocation of the Alien Enemies Act Regarding the Invasion of the United States by Tren De Aragua." In the order, Trump stated that TdA is sponsored by Venezuelan socialist dictator Nicolás Maduro with the goal of "destabilizing democratic nations in the Americas, including the United States."

In response, Boasberg issued a temporary restraining order immediately blocking the Trump administration from using the Alien Enemies Act to deport Venezuelan nationals. In his ruling, Boasberg cited the need to better consider the merits of the case, prompting the administration to file an emergency request for the U.S. appeals court to intervene. 

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The Trump administration’s appeal described the restraining order as a "massive, unauthorized imposition on the Executive’s authority to remove dangerous aliens who pose threats to the American people." 

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In the administration’s petition to the Supreme Court, Harris said this case "presents fundamental questions about who decides how to conduct sensitive national-security-related operations in this country – the president, through Article II, or the judiciary, through TROs [temporary restraining orders]."

She said the Constitution "supplies a clear answer: the president," adding, "The republic cannot afford a different choice."