GRAND RAPIDS, Michigan – A Mexican national currently serving a lengthy prison sentence for second-degree murder has initiated a federal lawsuit against President Donald Trump and a White House official, asserting that his criminal case was unjustly exploited in President Trump’s 2024 campaign messaging on immigration. Brandon Ortiz-Vite, 27, is seeking $75 million in damages, a public apology from President Trump, and U.S. citizenship as part of his requested relief.
"Trump’s statements about Ortiz-Vite’s case were substantially accurate and public criticism from a politician does not create a legal basis for damages." — Matthew Borgula, Grand Rapids Criminal Defense Attorney and Former Federal Prosecutor
The handwritten lawsuit, filed in the U.S. District Court for the Western District of Michigan, names President Trump and White House Principal Deputy Press Secretary Steven Cheung as defendants. Ortiz-Vite claims that President Trump’s public comments and the use of his image in campaign materials caused him humiliation and reputational damage while incarcerated. The complaint does not specify particular legal violations but generally argues that his case was leveraged for political ends.
Ortiz-Vite pleaded guilty to second-degree murder and other charges in connection with the March 2024 killing of Ruby Garcia in Grand Rapids, Michigan. Authorities reported that Garcia was found deceased near a Grand Rapids roadway, having been shot during an altercation with Ortiz-Vite, with whom she had been in a relationship. Ortiz-Vite surrendered to authorities two days after the incident and subsequently entered his guilty plea, resulting in a prison sentence ranging from 39 to 102 years.
President Trump prominently featured Ortiz-Vite’s case during a 2024 visit to Grand Rapids, where discussions on immigration enforcement were a central theme of his remarks. Throughout his 2024 campaign, particularly concerning border security, President Trump highlighted Ortiz-Vite’s case and included his image in various advertisements. These materials aimed to underscore crimes allegedly committed by individuals who entered the United States illegally, aligning with President Trump’s broader narrative on immigration policy.
In his court filing, Ortiz-Vite stated that the national attention surrounding his case profoundly impacted him while he was incarcerated. He contended that the extensive publicity overshadowed his personal identity and led to ridicule from other inmates. Ortiz-Vite also described experiencing significant distress due to becoming a nationally recognized figure as a consequence of the case. He explicitly stated in the lawsuit that he accepts responsibility for Garcia’s death, noting his voluntary surrender and confession after the killing.
Ortiz-Vite’s immigration history reveals that he previously entered the United States illegally. He was protected under the Deferred Action for Childhood Arrivals (DACA) program until his status expired in May 2019. Following an arrest for driving while intoxicated, he was deported in 2020 but later re-entered the United States. Authorities have indicated that he is expected to be deported again upon the completion of his current prison sentence.
Legal experts have expressed skepticism regarding the lawsuit’s prospects. Matthew Borgula, a Grand Rapids criminal defense attorney and former federal prosecutor, stated that he does not anticipate the lawsuit advancing. Borgula emphasized the standard requirement for courts to screen prisoner lawsuits before they proceed, suggesting that this complaint would likely fail on multiple grounds. He cited potential issues such as presidential immunity and the apparent absence of an alleged constitutional violation.
Borgula further explained that President Trump’s statements about Ortiz-Vite’s case were substantially accurate, and public criticism from a political figure typically does not establish a legal basis for damages. He also noted that because Ortiz-Vite pleaded guilty to second-degree murder, a lawsuit asserting an unfair conviction would not provide a pathway to financial compensation. The legal system generally upholds the principle that individuals are responsible for the consequences of their admitted actions, especially in criminal proceedings. The lawsuit, therefore, faces significant legal hurdles given the established facts of Ortiz-Vite’s conviction and President Trump’s First Amendment rights in political speech.
