A federal judge in Washington, D.C., has ruled that two Mexican nationals can keep their names hidden while they sue the Department of Homeland Security over their recent deportations.
Chief Judge James E. Boasberg of the U.S. District Court for the District of Columbia issued the order on Tuesday, finding that the risk of cartel violence outweighed the usual requirement for public disclosure in lawsuits.
The case, Coalition for Humane Immigrant Rights v. Mullin, centers on a legal challenge to “Revised Form I-867.” This document is used by immigration officials to process expedited removals.
The plaintiffs—two non-profit organizations and two individuals identified only as J.G.R. and L.F.H.R.—argue that the form violates the Administrative Procedure Act. They are asking the court to let them return to the United States to restart their asylum claims.
According to court filings, the individual plaintiffs fled Mexico under harrowing circumstances. J.G.R. reported being attacked and stabbed by a drug cartel, while L.F.H.R. alleged a cartel burned down his business and threatened his life.
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After being removed from the U.S., both men expressed fear that being identified in a federal lawsuit would make them targets for further “threats, violence, and extortion” back in Mexico.
In his five-page memorandum opinion, Chief Judge Boasberg noted that while legal proceedings are generally open to the public, this case presented “truly exceptional circumstances.” He pointed out that the information involved was of a “sensitive and highly personal nature” and that the threat of physical harm was concrete.
“Preserving confidentiality of asylum-seekers is vital precisely because the information, if disclosed publicly, could subject the claimant to retaliatory measures,” Boasberg wrote, citing previous legal precedents.
The judge also noted that the government is not likely to be unfairly prejudiced by the secrecy. The plaintiffs have agreed to provide their real names and identifying information to the Department of Homeland Security and Secretary Markwayne Mullin for the purposes of the litigation, as long as that information stays off the public docket.
While the non-profit groups, Coalition for Humane Immigrant Rights and Make the Road New York, will proceed under their own names, the individual men will continue to use pseudonyms. The court has given the plaintiffs 14 days to file a sealed declaration containing their actual names and addresses for the court’s private records.
The lawsuit seeks to not only help these two individuals but also to block the government from using the revised removal form for other migrants in the future.
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