In a notable ruling this week, a New York federal court mandated the Trump administration to promptly facilitate the return of a fourth wrongfully deported immigrant, Jordin Melgar-Salmerón, a 31-year-old Salvadoran national.
Melgar-Salmerón was deported to El Salvador in May, shortly after the U.S. Court of Appeals for the Second Circuit had determined that he should remain in the United States.
The judges declared, “the Government is hereby ORDERED to facilitate the return of [Melgar-Salmerón] to the United States as soon as possible to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador.”
This ruling noted that Melgar-Salmerón’s stay of removal was issued at 9:52 a.m. on May 7, but that he was placed on a flight to El Salvador only around 30 minutes later.
The Trump administration has acknowledged that Melgar-Salmerón’s deportation resulted from a “confluence of administrative errors.”
Now, the court demands that the government submit a declaration within one week detailing Melgar-Salmerón’s current location, the steps required to bring him back to the U.S., and the expected timeline for his return.
This case is not an isolated incident but part of a troubling trend under President Trump’s stringent immigration policies.
Another prominent example is Kilmar Abrego García, a 29-year-old Salvadoran who, along with over 200 Venezuelans, was deported in March to El Salvador, where he was imprisoned in the notorious CECOT maximum-security facility known for its deplorable conditions.
The government later admitted that Abrego García’s removal was a mistake, leading to his return to the U.S. earlier this month, despite the administration’s initial refusal to comply with multiple court orders.
Abrego García now faces a trial in the United States on charges of smuggling undocumented immigrants.
In February, another wrongful deportation incident involved a Guatemalan migrant identified by the initials O.C.G., who was mistakenly sent to Mexico. He, too, was returned to the U.S. this month.
Additionally, a Venezuelan named Daniel Lozano-Camargo was wrongfully expelled to El Salvador last March, despite possessing a court document preventing his removal.
These cases highlight systemic errors within the U.S. immigration enforcement system, particularly under the policies instituted by President Trump.
In the context of increasing criticisms regarding overcrowding and poor conditions, the administration has signaled its intention to expand its immigration detention facilities.
Recent announcements revealed plans to add new detention centers across the country, including a significant increase in capacity amidst ongoing concerns about the already dire conditions faced by detainees.
According to reports, ordinary migrants, who may have sought better opportunities or simply attended court hearings, may find themselves incarcerated in facilities that previously housed notorious criminals like Joaquín “El Chapo” Guzmán and Sean “Diddy” Combs.
The Trump administration is set to use the Metropolitan Detention Center in Brooklyn, described by inmates as a “hell on earth,” as one of three federal prison facilities to detain migrants.
Benjamin O’Cone, a spokesman for the Federal Bureau of Prisons, confirmed that this facility, along with the Federal Correctional Institution at Lewisburg in Pennsylvania and the Federal Detention Center in Honolulu, will house migrants as a part of an agreement with Immigration and Customs Enforcement (ICE).
O’Cone stated, “we are assisting the United States Immigration and Customs Enforcement (ICE) by housing detainees and will continue to support our law enforcement partners to fulfill the administration’s policy objectives.”
So far, over 4,000 people have been temporarily detained under this initiative.
With the inclusion of these new facilities, the total number of federal prisons that will accommodate migrants—many of whom have no prior criminal records—has now reached eight.
ICE currently holds approximately 59,000 immigrants in its facilities nationwide, with nearly half of them having no criminal history, and fewer than 30% having faced previous convictions.
Data revealed that ICE’s detention capacity exceeded 140% as of the end of June, resulting in a significant strain on the system, particularly against the backdrop of mandated bed capacities set at 41,500 inmates.
The federal government is actively constructing addition facilities aimed at meeting an ambitious goal of 3,000 arrests per day, equating to over a million arrests in the first year of President Trump’s administration.
The Delaney Hall detention center in New Jersey, which hosts over 1,000 beds, and a proposed facility known as “Alligator Alcatraz” in Florida, which is expected to house around 5,000 migrants, are clear examples of this rapid expansion.
Despite concerns surrounding the deplorable conditions that many detained migrants face, the demand for increased capacity is relentless.
Reports indicate that prisons like the Brooklyn facility, built in the early 1990s and currently housing about 1,095 inmates, have faced intense scrutiny over their unsatisfactory living conditions, including delays in medical care, poor food quality, and restricted access to visitation and communication.
Human rights advocates have long noted the alarming instances of violence within these facilities, leading to an unsafe environment for vulnerable migrant populations.
Former warden Cameron Lindsay characterized the facility as “one of the most problematic, if not the most problematic, in the Bureau of Prisons” five years ago.
In 2019, significant media attention was drawn to the prison after a power outage left inmates without heat during freezing temperatures, igniting protests from the affected population.
Tragically, incidents have continued to occur within the confines of this facility; reports indicate the deaths of two inmates in 2024 due to violent altercations.
Notably, Genaro García Luna himself recounted his experience at MDC Brooklyn, referring to his five-year detention as being in “inhumane conditions” involving numerous instances of violence, including homicides and stabbings.
Furthermore, inadequate staffing levels have exacerbated the already precarious situation in facilities like the Brooklyn prison, with staffing reported at only 55% capacity.
This shortfall has raised serious safety and security concerns for both inmates and staff alike.
Deputy Assistant Director Kathleen Toomey recently testified before Congress about the alarming number of approximately 4,000 vacant positions nationwide, leading to increased reliance on overtime.
This has resulted in significant financial implications, with the Bureau of Prisons spending $437.5 million on overtime pay in the fiscal year 2024, a matter that could further complicate safety and security within the inmate population.
The ongoing challenges in immigration enforcement and the juxtaposition of the experiences of deported individuals underscore the urgent need for reform in the U.S. immigration system.
As cases like Melgar-Salmerón’s emerge, they serve as stark reminders of the human consequences of stringent immigration policies.
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