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Woman who sought asylum in US believed to be deported hours before judge blocked her removal, lawyers say

By Peter Charalambous and Armando Garcia, ABC News Feb 21, 2025 | 10:25 AM
Witthaya Prasongsin/Getty Images

(WASHINGTON) — A federal judge temporarily blocked the deportation of eight asylum seekers on Thursday, but the move was too late for one woman who her lawyers believe has already been deported by the Trump administration.

Despite seeking asylum in the United States to escape a violent former partner, according to her legal team, the woman was sent back to Ecuador this week — just hours before a court blocked her deportation — where her lawyers fear she might be killed.

“Plaintiff N.S. fled Ecuador to escape horrific violence and kidnapping by her former partner—a police officer who called her anti-indigenous slurs while raping her, beating her, and holding his gun to her head—and fears that he will kill her if she is removed,” her lawyers wrote in a filing to the court, adding that the woman was held captive by her former partner.

Her rapid removal comes as immigrant advocates raise concerns that the Trump administration is hastily carrying out deportations of migrants while disregarding their asylum claims and in spite of active litigation to stop their removals.

According to court records, the woman entered the U.S. around Jan. 26 and asked for asylum after turning herself in to immigration officials. But as of Wednesday, court records show she had not received a “credible fear” interview, one of the first steps in determining eligibility for asylum.

Her lawyer Keren Zwick, a litigation director at National Immigrant Justice Center, said she has not made contact with the woman since Wednesday evening ahead of the court hearing and believes she is en route to or back in Ecuador where her life is in danger.

“I’m very worried about her wellbeing. She fled because she is facing domestic violence, and she fled a partner who threatened to kill her and held her captive and went looking for her when she tried to escape,” said Zwick “I feel sure that he will continue to do that and if he learns that she’s back in the country I think her life is in danger.”

During Thursday’s hearing, lawyers with the Department of Justice told the court that one of the asylum seekers may have already been in deportation proceedings, Zwick said.

Zwick said that the Department of Homeland Security has been unwilling to provide information about the state of her clients removal or intervene to stop the deportation.

“Their agency is not being helpful,” she said. “We haven’t been able to get clear information.”

DHS declined to comment or confirm if N.S. was deported to Ecuador.

A DOJ attorney representing the case did not respond to a request for comment.

As the Trump administration rapidly scales up deportation efforts, immigration advocates have criticized the administration for steamrolling removals with little regard for pending lawsuits or attempts to claim asylum.

In a separate case last week, the Trump administration deported three men to Venezuela just one day after a court order blocked their transfer to Guantanamo Bay. In other legal cases, the Trump administration has been accused of intentionally violating court orders.

“If we’re living in a world where the U.S. government thinks it’s okay to remove a person and asylum seekers … without giving them any opportunity to pursue protection, that’s just a complete subversion of our asylum,” Zwick said.

While today’s court order came too late to prevent what Zwick and her team say is a deportation, lawyers for asylum seekers will return to court next week to fight against their imminent removal to countries including Afghanistan, Ecuador, Brazil, and Egypt where their lawyers say they fear they’ll face persecution or violence.

The request to block the deportation of the eight asylum seekers is linked to an ongoing lawsuit the ACLU and other groups filed against the Trump administration earlier this month, challenging the president’s invocation of a section of the Immigration and Nationality Act that authorizes the president to “suspend the entry of all aliens” when their entry “would be detrimental to the interests of the United States.”

The eight asylum seekers who brought the case come from different home countries but each fear the same outcome if they are removed from the U.S.

According to court records, two plaintiffs fled Afghanistan due to fears that the Taliban might persecute them over their support for the United States. One plaintiff said they suffered kidnapping, rape and torture by the hands of a Ecuadorian cartel before fleeing to the United States. Another said they were jailed and tortured in Egypt due to their pro-democracy views.

“There is no legitimate governmental or public interest in the unlawful removal of the Individual Plaintiffs to countries where they face persecution or torture,” lawyers for the asylum seekers argued.

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