A Mexican national serving a prison sentence of up to 100 years for murdering his girlfriend has filed a federal lawsuit against President Donald Trump, claiming campaign advertisements highlighting his immigration status caused him emotional distress and damaged his reputation.
Brandon Ortiz-Vite, 27, is seeking $75.5 million (£56 million) in damages, a public apology and US citizenship after alleging Trump used his case as a political talking point during the 2024 presidential campaign.
Ortiz-Vite is representing himself in the lawsuit, which also names White House Communications Director Steven Cheung as a defendant.
Murder Case Became a National Political Flashpoint
Ortiz-Vite pleaded guilty to the March 2024 murder of his girlfriend, Ruby Garcia, 25, in Grand Rapids, Michigan.
According to court records, he shot Garcia multiple times in the head following an argument after she stopped her vehicle along US 131. Believing she was still alive, he fired another shot before removing her body from the car and fleeing the scene in her vehicle.
He surrendered to police two days later and was sentenced to 39 to 100 years in prison for second-degree murder, carjacking, carrying a concealed weapon and felony firearm offences. He is expected to be deported to Mexico after serving his sentence.
Days after Garcia's death, Trump visited Grand Rapids to discuss border security and used Ortiz-Vite's mugshot in campaign advertisements focused on illegal immigration.
Prisoner Claims Campaign Publicity Forced Guilty Plea
In his court filing, Ortiz-Vite claims the publicity surrounding the case transformed him into a national symbol in the immigration debate and contributed to his decision to plead guilty.
'I was put into a category. Who I was as a person no longer mattered. What only mattered was my race, my case and immigration status,' he wrote.
He also alleges the campaign advertisements led to harassment from fellow inmates, saying he was mocked after prisoners saw television commercials featuring his mugshot during Detroit Lions games.
Ortiz-Vite argues the political attention caused severe emotional distress and tarnished his family's reputation.
He is seeking $75.5 million in damages, a public apology from Trump and what he described as 'naturalization to this beautiful country'.
Immigration History Came Under Scrutiny
Ortiz-Vite entered the United States illegally as a child and was later granted protection under the Deferred Action for Childhood Arrivals (DACA) programme.
His DACA status expired in May 2019. He was deported to Mexico in 2020 after being arrested for drink-driving but later re-entered the United States illegally before Garcia's killing.
His immigration status became a prominent issue during Trump's 2024 campaign as the former president repeatedly cited the case while advocating for stricter border enforcement.
Legal Experts Doubt Lawsuit Will Succeed
Legal experts believe the lawsuit faces significant hurdles.
Former federal prosecutor Matthew Borgula told MLive that federal courts routinely screen prisoner lawsuits before defendants are served and said Ortiz-Vite's complaint is unlikely to survive that process.
He added that, regardless of presidential immunity arguments, the lawsuit lacks a clear legal basis because the statements made about Ortiz-Vite were substantially true.
'Being publicly embarrassed by a politician isn't a constitutional violation,' Borgula said. 'This case should end before it begins.'
Ortiz-Vite has not identified any specific legal violations in his filing, instead arguing that Trump unfairly used his case for political purposes during the presidential campaign.
