Ex-Nicaraguan Paramilitary in US Faces Deportation or Statelessness
A former Nicaraguan paramilitary, stripped of citizenship, faces deportation to a country where he fears torture or statelessness in a third country.
A 65-year-old former Nicaraguan paramilitary, Marlon Gerardo Sáenz Cruz, is fighting deportation from the United States, a case that could send him back to a country where he claims he was tortured or render him stateless.
Sáenz Cruz was among 222 prisoners who had their Nicaraguan citizenship revoked and were brought to Washington D.C. in February 2023 under a U.S. State Department initiative. He was detained during a routine immigration check-in in Los Angeles on August 17 and is now held at a facility in Louisiana. His case is scheduled to be heard by an immigration judge on September 8.
The legal challenge is complex. Sáenz Cruz, who defected from Nicaragua's ruling Sandinista party in 2019, faces allegations from a group of Nicaraguan exiles that he was involved in human rights abuses. These exiles claim he participated in the repression of protests in 2018, a period when hundreds were killed. They have urged the State Department to investigate him, alleging he remains loyal to the government of President Daniel Ortega.
His legal representative denies he killed anyone or committed crimes in Nicaragua, stating he was responding to attacks. Sáenz Cruz has used his YouTube channel to denounce government corruption since his defection. He was imprisoned in Nicaragua in 2022 on drug and weapons charges he says were politically motivated.
Under U.S. law, individuals implicated in human rights abuses are barred from asylum. However, a judge could grant him protection under the Convention Against Torture if he is likely to face torture in Nicaragua. This would prevent deportation to Nicaragua but would not stop the U.S. from sending him to a third country, a practice that has increased recently. Advocates note that even with such protection, his safety is not guaranteed.
Nicaraguan exiles are divided on the case. Some believe he should face justice for his alleged past actions, but only after a political transition in Nicaragua. Others argue that sending him back now would put his life at risk, as the government would likely be particularly cruel to former Sandinistas who defected. His health is also a concern, as he reportedly suffers from a leg ulcer, glaucoma, and complications from polio, and now uses a wheelchair.