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Kamal Morales, a Venezuelan citizen living in New York, was deported to his home country this Thursday despite having a valid court order and a pending marriage petition with his husband, U.S. citizen Luis Miguel García, who claims that the expulsion was "unconstitutional."
Morales described the forced return to Venezuela as "a very tough blow" after years of life built in New York alongside his partner, reported Telemundo.
García explained that there is a pending marriage petition at the time of the deportation, a process that, if it had been processed, could have enabled a status adjustment for her husband under federal immigration law.
Experts consulted by Telemundo pointed out that the deportation against a court order may have violated an existing order, making the case one of the most controversial in the context of the immigration policy of the Trump administration.
The deportation order against Morales dates back to 2019, but the legal process was still ongoing at the time of his expulsion, which strengthens the couple's arguments regarding the illegality of the procedure.
The case is set against a backdrop of accelerated deportations under the second Trump administration, which has prioritized expulsions even when there are ongoing legal processes.
The tension between the Executive and the Judiciary regarding immigration matters has been a constant since January 2025: multiple federal courts have blocked the administration's policies, deeming them unconstitutional, including the use of the Alien Enemies Act of 1798 to deport Venezuelans.
For Venezuelans in particular, the situation is especially complex.
The Supreme Court authorized the revocation of Temporary Protected Status for over 300,000 Venezuelans, although a federal appeals court declared that decision illegal on January 30, 2026, labeling it as premature and motivated by "racial animosity."
Morales' case is not the only one that has generated controversy in recent weeks.
On April 7, a federal judge ordered the release of Stephanie Kenny Velásquez, a Venezuelan woman detained by Immigration and Customs Enforcement despite being the wife of a military reservist, on the grounds that her detention violated due process.
According to reports from Telemundo, arrests of immigrants without criminal records have increased by 770% under the Trump administration, although the government denies this figure.
García has not ruled out continuing legal actions to reverse her husband's deportation, while the pending marriage petition remains the main legal argument for demanding Morales' return to the United States.
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