A former Nicaraguan paramilitary fighter, Marlon Gerardo Sáenz Cruz, 65, is facing potential deportation or statelessness after being detained by U.S. immigration authorities in Los Angeles on August 17. Sáenz Cruz was among 222 Nicaraguan prisoners stripped of their citizenship and brought to the U.S. through a State Department initiative in February 2023.
He is scheduled to appear before an immigration judge on September 8. His detention comes amid reports of increased asylum denial rates and the deportation of individuals with lesser protections to third countries where they have no ties.
Sáenz Cruz's situation is complicated by allegations from a group of Nicaraguan exiles who claim he maintained ties to Nicaraguan President Daniel Ortega's government and harassed government opponents. A legal representative for Sáenz Cruz stated that he was responding to attacks against him. Aida Carrion-Vanegas, president of Nicaraguan Americans United for the Republic, urged the State Department to investigate such individuals, stating they should not be in the United States and pose a threat to national security. Deputy Secretary of State Christopher Landau acknowledged the allegations in October 2023 via X, but the State Department has not responded to requests for comment.
Known in Nicaragua as El Chino Enoc, Sáenz Cruz was a guerrilla fighter in the 1970s and later became involved with a government-aligned paramilitary group that repressed protesters in 2018. Hundreds were killed during the anti-government marches that year. Sáenz Cruz's accredited representative denies he killed anyone or committed crimes in Nicaragua, asserting that his imprisonment in Nicaragua in May 2022 on drug and weapons trafficking charges were politically motivated.
He broke with the Ortega-Murillo government in 2019 and began denouncing corruption on his YouTube channel. He claims he was imprisoned in Nicaragua in 2022 on politically motivated charges. According to his accredited representative, Muriel Sáenz, he suffers from health issues including a leg ulcer and glaucoma, some stemming from torture and solitary confinement in Nicaragua. He now uses a wheelchair due to complications from polio and his current detention.
Under U.S. immigration law, individuals found to have committed human rights abuses, including torture or extrajudicial killings, are barred from asylum. An immigration judge will need to determine if Sáenz Cruz's past involvement with the Sandinista government makes him ineligible for asylum. However, he could be granted deportation deferral under the Convention Against Torture if he is found likely to face torture in Nicaragua. This protection would prevent deportation to Nicaragua but would not grant permanent status or prevent deportation to a third country.
Legal experts note that while U.S. law prohibits perpetrators of human rights abuses from receiving asylum, the focus of immigration judges is on U.S. laws and international obligations, not on punishing past actions. However, there are concerns that the U.S. may deport individuals with CAT protections to third countries, a practice reportedly seen more frequently under the previous administration.
Nicaraguan exiles are divided on Sáenz Cruz's case. Miguel Mora, a former prisoner who arrived in the U.S. with Sáenz Cruz, described the situation as complicated but deferred judgment to U.S. authorities. Danny Ramírez-Ayérdiz, a Nicaraguan lawyer, suggested Sáenz Cruz should face justice in Nicaragua after a political transition, expressing concern he would be at risk of death if deported now.
Manuel Prado, vice president of the Miskitu American Organization, stated that the outcome of Sáenz Cruz's case will signal how Nicaragua will move forward to heal the nation.