Trump-Appointed Judge Orders Return of Deported Migrant
A federal judge in Maryland has directed President Donald Trump’s administration to take action to bring back a 20-year-old Venezuelan man who was deported to El Salvador.
U.S. District Judge Stephanie Gallagher, who was appointed by Trump, issued the ruling on Wednesday, stating the deportation violated a previously agreed-upon court settlement, according to Newsweek.
This marks the second instance in which a judge has compelled the Trump administration to assist in returning a deported immigrant to El Salvador. The decision follows a sweep in March during which over 200 undocumented immigrants were deported, with authorities claiming they were affiliated with gangs.
The roots of the case trace back to a 2019 class-action lawsuit filed on behalf of migrants who had entered the U.S. as unaccompanied minors. The plaintiffs sought to ensure their asylum applications would be processed while they remained in the country. That lawsuit was resolved through a settlement reached in 2024.
Despite this agreement, attorneys argue the Trump administration violated the terms by deporting a migrant—referred to in court as “Christian”—to El Salvador in March.
In her ruling, Judge Gallagher stated: “Like Judge Xinis in the Abrego Garcia matter, this court will order Defendants to facilitate Christian’s return to the United States so that he can receive the process he was entitled to under the parties’ binding Settlement Agreement.”
Christian was reportedly on one of three flights that transported alleged gang members to the maximum-security CECOT prison in El Salvador. Gallagher labeled the deportation a “breach of contract.”
Government lawyers defended the removal, asserting it did not breach the settlement because “his designation as an alien enemy pursuant to the AEA [Alien Enemies Act] results in him ceasing to be a member.”
According to ABC News, a sworn statement from an Immigration and Customs Enforcement (ICE) official revealed Christian had been arrested on a drug charge earlier this year. “On January 6, 2025, [‘Christian’] was convicted in the 482nd District Court at Harris County, Texas for the offense of possession of cocaine, a Texas state jail felony,” said Robert Cerna, acting field office director for ICE’s enforcement and removal operations.
Nevertheless, the plaintiffs' attorneys argued that the Alien Enemies Act does not exclude individuals like Christian from the class outlined in the settlement. “Allegations that Class Members, like Cristian, are subject to the AEA do not exclude those individuals from the Class under the plain terms of the Settlement Agreement,” they said, as cited by ABC News.
In a related case, court documents also referenced “Javier,” an 18-year-old Venezuelan who was reportedly facing imminent deportation. Judge Gallagher intervened, ruling that Javier was also covered by the settlement and issuing a temporary restraining order to prevent his removal.
Gallagher emphasized that this dispute was contractual in nature: “At bottom, this case, unlike other cases involving the government’s removal of individuals under the Alien Enemies Act, is a contractual dispute because of the Settlement Agreement,” the plaintiffs’ attorneys noted, highlighting the use of the centuries-old Alien Enemies Act to remove noncitizens with limited due process.
Cerna confirmed: “On March 15, 2025, [‘Christian’] was removed under the Alien Enemies Act, 50 U.S.C. Ch. 3, pursuant to Presidential Proclamation 10,903, as a Venezuelan citizen 14 years of age or older who is a member of TdA.”
Meanwhile, four Democratic members of Congress traveled to El Salvador on Monday to urge President Nayib Bukele and the Trump administration to release Kilmar Ábrego García, a Maryland resident deported last month despite a court order that should have prevented his removal.
After being denied access to Ábrego García during their visit, the lawmakers demanded increased transparency, asking the Trump administration to provide “daily proof of life,” ensure he has access to legal representation, and expedite his release.
Earlier this month, the U.S. Supreme Court ruled that federal officials must “facilitate” Ábrego García’s return, though the decision stopped short of requiring the Trump administration to repatriate the man, who is suspected of being linked to MS-13.
The Trump White House has consistently maintained that the judiciary lacks the power to challenge the president’s authority in foreign policy matters or his use of the Alien Enemies Act to swiftly deport individuals from gangs that he has labeled terrorist organizations.