Trans immigrants lawyers express grave concern after DOJ accidentally endangers her life
The White House admitted in a recent immigration court filing that it inadvertently deported a mentally incompetent transgender woman, Britania Uriostegui Rios, to Mexico even though she said shed likely face torture or murder there for being trans. Her lawyers now say they have grave concerns for her life and safety as the U.S. government seeks to bring her back while finding another foreign country to deport her to. However, Rios is suing to be released from government custody into the United States.Rios, a Nevada resident, lost her permanent resident status in 2023 after pleading guilty to a felony assault with a deadly weapon, for which she received a suspended criminal sentence and placement into deportation proceedings, The Guardian reported. Related Judge orders release of trans asylum seeker wrongfully detained in a mens facility An immigration judge ordered her deportation earlier this year, but forbade the U.S. from deporting her to Mexico over fears she might be tortured there, citing her protections under the United Nations Convention Against Torture (DCAT), an international agreement to which the U.S. is a party. The U.S. placed her in a male immigrant detainment facility.Nevertheless, on November 11, officials with the U.S. Department of Justice (DOJ) placed her on a bus from Louisiana to Mexico without any of her belongings, necessary medications, or a phone and only admitted the mistake once Rios lawyers began inquiring. Never Miss a Beat Subscribe to our newsletter to stay ahead of the latest LGBTQ+ political news and insights. Subscribe to our Newsletter today ICE confirmed that your client was removed to Mexico inadvertently, a DOJ attorney wrote in a November 12 email filed in federal court. ICE stands ready to remedy the inadvertent removal by allowing your client to voluntarily reenter the United States if your client wishes to do so. The email noted that it had also unsuccessfully tried to deport Rios to Costa Rica, Nicaragua, Honduras, and El Salvador.Rios attorney, Bridget Pranzatelli, told CNN she is a trans woman who has been through extreme trauma, including being sexually trafficked by cartels [at] as young as 12 years old, adding, As a result of these experiences, she has significant mental health issues. There are many actors in Mexico who want to hurt her, which is why an immigration judge found it more likely than not that she would be tortured or killed if forced to return. Pranzatelli said Rios has been staying with a family member in Mexico but has been forced to hide her trans identity out of fear that the relative will kick her out if she admits her true gender identity.Mexico is one of the deadliest countries in the world for trans people, according to theTrans Murder Monitoring Project.In response to Rios deportation, her lawyers from the American Civil Liberties Union (ACLU) noted that the DOJs error was only discovered because shes one of the few deportees fortunate enough to have a lawyer, Politico reported. Rios is the fifth known case of the current administration wrongfully deporting someone protected by court orders or special status, CNN reported. If [the DOJ] had not been caught by counsel red-handed, violating the judicial decree at issue, [Rios] would be just another casualty (the number of which at this juncture remains unknown) of a mass deportation campaign running roughshod of the law at innumerable turns, her lawyers court filing reads. [Now, the DOJ] will allow [Rios] to reenter the United States if she happens to make it to a port of entry without dying, [and the DOJ will not] offer no additional aid whatsoever.Inadvertent removal cannot be tolerated and it absolutely cannot be tolerated a second time as it places [Rios] life in the very danger the DCAT order sought to protect, the filing adds, calling the DOJs promise to follow the DCAT an empty promise lacking any force of law. The fact that Defendants unlawfully removed [Rios] to Mexico, despite a court order, makes clear they cannot (and, apparently, will not) ensure they do not violate [her] DCAT protection, the filing continues. They also argue that the U.S. government has already held her for months, stretching the constitutional limit for pre-deportation detainment, and that she shouldnt be placed back into DOJ custody since it incorrectly deported her.The administration says that the immigration courts ultimately are the final arbiters on these issues and decisions. Yet they still flagrantly violated it, said Nora Ahmed, legal director for the ACLU of Louisiana. There can be no excuse for that. Its not an oops. How can you oops if someone dies?Subscribe to theLGBTQ Nation newsletterand be the first to know about the latest headlines shaping LGBTQ+ communities worldwide.