In a significant breach of a federal court order, the Trump administration has admitted to wrongfully deporting a transgender woman to Mexico, where a judge had previously ruled she would likely face torture or death.
A Grave Error in the Immigration System
Officials acknowledged in a court filing that Britania Uriostegui Rios was "inadvertently" removed to Mexico in violation of a March court order. The order had explicitly barred her deportation to Mexico due to the extreme dangers she would face there as a transgender individual.
Britania Uriostegui Rios, a former lawful permanent resident of the US and a Nevada resident, lost her immigration status in 2023 after pleading guilty to a felony assault with a deadly weapon. Following a suspended criminal sentence, she was placed in deportation proceedings.
While an immigration judge ordered her deportation earlier this year, the judge specifically prohibited sending her to Mexico. The ruling found it highly probable that she would be tortured or killed because of her transgender status.
Violation and Attempted Remedy
Despite this legal protection, lawyers for Uriostegui Rios reported that last week she was abruptly transported from a detention facility in Louisiana to Texas and then placed on a bus to Mexico. After her legal team made urgent inquiries, the US Department of Justice confirmed the error.
In an email filed in federal court on 12 November, a justice department attorney wrote, "ICE confirmed that your client was removed to Mexico inadvertently." The following day, the attorney added that "ICE stands ready to remedy the inadvertent removal by allowing your client to voluntarily reenter the United States."
The administration is now working to bring Uriostegui Rios back to the US from Tijuana while it searches for an alternative country to deport her to. According to court documents, officials have unsuccessfully tried to send her to Costa Rica, Nicaragua, Honduras, and El Salvador since March.
Uriostegui Rios is also suing to force the administration to release her from custody upon her return to the United States.
A Pattern of Erroneous Deportations
This case echoes another high-profile error by the Trump administration. In March, Kilmar Ábrego García was erroneously deported to El Salvador despite a court order barring his removal due to fears he would be targeted by a gang that had threatened his family.
After that case drew national attention and even pressure from the US Supreme Court, the administration returned Ábrego to the US in June. However, on the day of his return, he was indicted on human smuggling charges. A federal judge later suggested these charges could be an illegal retaliation by the Trump administration.
Ábrego has pleaded not guilty. Federal officials have stated that if convicted, he will be deported. Last month, a US immigration judge denied his bid for asylum, though he retains the right to appeal.
The US Department of Justice, the Department of Homeland Security, and Immigration and Customs Enforcement have been approached for comment on the latest case.
