Judge Orders Return of Deportee, Criticizes Trump Administration’s Actions

U.S. District Judge David Guaderrama has condemned the Trump administration for its actions in the deportation of Faustino Pablo Pablo, stating that it exhibited “blatant lawlessness” by removing him from the United States in violation of a court order. The ruling was issued on December 1, 2023, which mandated that Pablo be returned to the U.S. from Guatemala by December 12 and required the government to provide daily updates on his status.

During a hearing on November 29, the government acknowledged that Pablo was subject to a withholding of removal to Guatemala at the time of his deportation, thus rendering the action unlawful. Despite this concession, Pablo’s return was not arranged as anticipated. The ruling noted that, as of December 1, Pablo remained in Guatemala, following his deportation on November 17.

Pablo fled violence in Guatemala in 2012 and sought asylum in the United States. An immigration judge had previously determined that he was removable but granted him withholding of removal under the Convention Against Torture, citing that he was likely to face torture if returned to Guatemala. This ruling explicitly prohibited his deportation to Guatemala, though it allowed for potential deportation to a third country willing to accept him.

In 2013, Pablo had been released by Immigration and Customs Enforcement (ICE) under an order of supervision, which required him to check in regularly. He complied with this requirement while living in California for over a decade. However, on November 5, he was detained during a routine check-in without prior notice. His attorney quickly contacted ICE to remind them of the immigration judge’s prohibitory order.

On November 17, Pablo was moved to ICE’s Camp East Montana at Fort Bliss for preparation for his removal. His attorney, Jennifer Scarborough, filed a petition for a writ of habeas corpus the following day. She sought to prevent the government from moving him outside the jurisdiction of the Western District of Texas until the court could review the habeas corpus motion.

Despite the ongoing legal proceedings, ICE transported Pablo to the airport early on November 18, where he was placed on a direct flight to Guatemala. By the time the court intervened to halt his removal, he had already arrived in Guatemala City.

In response to the government’s claim that the court lacked jurisdiction to order Pablo’s return, Judge Guaderrama asserted that he did have jurisdiction over the case. He emphasized that the focus had shifted from challenging the legality of Pablo’s detention to addressing the “blatant lawlessness” of his removal.

The Trump administration has faced scrutiny for similar deportations, where individuals were sent back to their home countries despite existing court orders. Notably, the case of Kilmar Abrego Garcia, a Maryland resident deported to El Salvador in March 2023, gained significant attention. Despite opposition from the administration, Abrego was later allowed to return to the United States.

As the legal and political ramifications of these deportations unfold, the Department of Homeland Security continues to pursue deportations based on allegations of gang affiliation, a charge that many individuals, including Abrego, deny.

This case raises important questions about the intersection of immigration law and executive authority, particularly in situations involving court orders. The implications for individuals facing deportation amid legal protections remain significant as the judicial system navigates these complex issues.