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Faustino Pablo Pablo, a Guatemalan immigrant who had a legal protection order prohibiting his expulsion, was mistakenly deported by Immigration and Customs Enforcement (ICE) during a routine appointment in New Orleans.
The Department of Homeland Security (DHS) acknowledged before a federal court in Texas that the removal was "illegal" and committed to facilitating the return to the United States before December 12.
The case, revealed by the agency EFE, has highlighted serious flaws in the deportation procedures of President Donald Trump's administration, which upholds a strict immigration policy but is under constant judicial scrutiny.
According to court documents, Pablo Pablo entered the country in 2012 seeking asylum, fleeing violence in Guatemala.
Years later, he obtained a measure of "prohibition of removal", a provision that prevents his deportation to the country where he could face torture or persecution.
Despite this, he was detained by ICE in November and deported on a direct flight to the Guatemalan capital.
In the ruling, Judge David Guaderrama determined that the deportation was “illegal” and emphasized that the migrant faces a “clear and serious risk of suffering irreparable harm” if he remains in Guatemala.
The court ordered the U.S. government to coordinate his immediate return and provide daily reports on the progress of the process.
During the hearing on December 3, the government's lawyers admitted that the removal was carried out improperly.
"Pablo was subject to a removal stay order to Guatemala at the time of his deportation, and therefore the physical removal was illegal," acknowledged the federal representatives before the court.
The judge also instructed the DHS and ICE to notify all involved agents of the decision and to cooperate with the migrant's defense in locating him and facilitating his return to U.S. territory.
According to court records, a flight for his return has been "tentatively scheduled," although it has not been finalized yet.
The case of Faustino Pablo Pablo is not an isolated incident. Last March, Kilmar Abrego García was deported to El Salvador despite having a valid protection order, and a federal court ordered his return.
Similarly, Jordin Melgar-Salmeron was removed after receiving a deportation suspension, forcing the government to manage his return.
The situation has raised concern among immigration lawyers and human rights organizations, which warn about the increase in "wrongful" deportations and the risks faced by hundreds of migrants protected by court orders.
“He is a hardworking person,” said Pablo Pablo's daughters from New Orleans to Telemundo, as they await their father's return to the United States to reunite with his family.
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