Huber Argueta, a Guatemalan citizen abruptly deported from the United States on March 19, has filed a lawsuit against the US government in federal court, claiming his removal violated fundamental legal procedures. Argueta arrived in the US in 2007, built a family with his American wife, and started the process to legalize his immigration status, as reported by Telemundo 51.
In 2021, he was granted a federal pardon and was awaiting a consular appointment for a marriage-based immigrant visa. However, on January 26, 2024, he was arrested for a DUI case. Despite having legal representation, a warrant was mistakenly issued against him, which was later canceled, but Immigration and Customs Enforcement (ICE) proceeded with his detention regardless.
On March 10 of this year, Argueta was detained once more, unable to contact his lawyer or family, and was taken to the Krome Detention Center in Florida. According to his attorney, Alexandra Friz García, Argueta was scheduled for an immigration bond hearing on March 19; however, he was deported to Guatemala that very day without a court hearing or explanation.
The court declaration states that Argueta never signed a voluntary deportation request. "ICE couldn't do that without a judge's order," said his lawyer. "They didn’t let me do anything... they just took me to the plane," Argueta recounted to Telemundo 51 from Guatemala.
The lawsuit filed in the federal court of the Southern District of Florida seeks to have Argueta returned to the US to continue his legal process and suggests a potential class action, suspecting similar cases have transpired. "Our theory is that this is not an isolated incident," attorney Friz stated.
Currently, Argueta remains in Guatemala, separated from his wife and children who live in Miami.
A similar and even more severe case involved Kilmar Ábrego García, a Salvadoran resident in Maryland since 2011, who was mistakenly deported to El Salvador despite having legal protection since 2019 due to the risk of violence. On March 12, ICE arrested him for an alleged change in immigration status without notifying him that his deportation was suspended. Within days, he was placed on a deportation flight.
Once in El Salvador, he was confined in the Terrorism Confinement Center (CECOT), a massive prison promoted by Nayib Bukele. While the Trump administration acknowledged the "administrative error," lawyers say US courts lack jurisdiction to order his return, as he is now in foreign custody. His family only identified him in social media images showing him among alleged gang members, escorted by masked guards.
The defense argues that the claim of Ábrego's association with MS-13 lacks strong legal backing and that his deportation was a tactic to avoid judicial review. Lawyer Simon Sandoval-Moshenberg called the situation a mockery of the legal system. "If the court can’t protect him, immigration laws are meaningless," he remarked.
Both cases highlight a troubling trend in US immigration policies, where expedited deportations without due process, even in circumstances involving familial ties, legal protection, or ongoing applications, are becoming more prevalent.
Key Questions About Deportations Without Due Process
What legal grounds does Huber Argueta have for his lawsuit against the US government?
Huber Argueta claims his deportation violated fundamental legal procedures as he was removed without a judicial order and without signing a voluntary deportation request.
Why was Kilmar Ábrego García deported despite having legal protection?
Kilmar Ábrego García was deported due to an alleged administrative error and despite having legal protection against deportation, which ICE did not acknowledge during his arrest.
What are the implications of these deportation cases on US immigration policy?
These cases reflect a concerning trend of expedited deportations without proper legal processes, raising questions about the protection of immigrants' rights under US immigration policy.