The U.S. Department of Homeland Security (DHS) admitted in a Texas federal court on Friday that it had illegally deported a Guatemalan citizen who had an active legal recourse to prevent his expulsion. The man had entered the country in 2012 seeking asylum, fleeing violence in his home nation. Faustino Pablo Pablo, a Guatemalan immigrant, had obtained a 'prohibition of removal' order, a legal measure that explicitly prevents his deportation to a country where he could face torture. Despite this, Immigration and Customs Enforcement (ICE) detained him during a routine appointment in November and sent him on a direct flight to Guatemala's capital, according to a ruling from a Texas federal court accessed by EFE. The court determined the deportation was 'illegal' and ordered the government to facilitate the migrant's return to U.S. territory by December 12. Judge David Guaderrama, who signed the order, emphasized that Pablo Pablo faces a 'clear and serious' risk of suffering irreparable harm in Guatemala, and that the authorities violated the federal protection granted to him over a decade ago. According to the court file, during the December 3 hearing, ICE lawyers openly acknowledged that the expulsion was improper. The federal response was that Pablo Pablo 'was subject to a stay of removal order to Guatemala at the time of his deportation, and therefore the physical removal was illegal.' Authorities assured the court that the error was made 'mistakenly' by ICE and stated they had 'tentatively scheduled' a flight to facilitate his return to the U.S., although the transfer did not materialize. The magistrate also instructed immigration officials to submit daily detailed reports on the steps they are taking to ensure his return. The order also requires the government to notify all agents involved in the case and to cooperate with the migrant's defense to locate him and coordinate his transfer. Cases like that of Faustino Pablo Pablo are not isolated in the U.S. In March of last year, Kilmar Armando Abrego García was deported to El Salvador despite having a valid protection order against removal, which led a federal court to order his return to the country. Similarly, Jordin Melgar-Salmeron was removed shortly after receiving a suspension of his expulsion, and an appeals court demanded the government facilitate his return.
