MILWAUKEE — A federal judge ruled on May 20 that Yessenia Ruano, a former Milwaukee Public Schools aide, can return to the U.S. to await an initial decision on her application for a T visa, which is designated for victims of human trafficking. The order also prohibits U.S. Immigration and Customs Enforcement (ICE) from deporting her while her application remains pending a prima facie determination by U.S. Citizenship and Immigration Services (USCIS).
Federal Judge Andre Birotte stated it was "likely unlawful" that the Trump administration forced Ruano to carry out her own deportation to El Salvador in June 2025 without first allowing USCIS to review her T visa application. He described the administration’s 2025 policy change—which removed deportation protections for individuals with pending applications for visas for crime or trafficking victims—as a "blind removal policy" that "blindly detained and deported people without assessing their eligibility for legal protections."
Ruano arrived in the U.S. in 2011 fleeing gang violence and threats. She worked as an aide at a bilingual public school in Milwaukee, and her husband was a line lead at a pizza factory. The couple has twin 10-year-old daughters, Paola and Elizabeth, who were born in the U.S. and are citizens. Ruano applied for a T visa based on her experience with human smugglers near the U.S.-Mexico border.
According to court documents, ICE was legally required to consult USCIS for a prima facie determination on Ruano’s T visa application before initiating deportation. Instead, ICE gave her no choice but to purchase a plane ticket to El Salvador and threatened to detain her if she did not leave. Ruano had no criminal record and had previously been waiting for a decision on a separate immigration status, "withholding of removal," which she dropped on questionable legal advice.
The ruling was part of a federal lawsuit filed by eight individuals and two immigrant rights groups challenging the Trump administration’s 2025 policy. Plaintiffs argued the policy was "contrary to protections afforded them by Congress and contrary to congressional intent, and represents a sea change in policy," violating administrative rulemaking laws. Several plaintiffs are women who survived domestic violence or other crimes, applied for T or U visas, and were granted "deferred action" status—yet were still detained by immigration agents.
Ruano expressed hope for an order allowing her husband to return to the U.S. with her, as she does not want to leave him in El Salvador. Since leaving the U.S. in June 2025, the family has enrolled the girls in school in El Salvador, built a house, and taken job-training courses. If granted, the T visa could eventually lead to permanent residency and U.S. citizenship for Ruano, though processing delays mean a decision could take several years.