Judge Orders Return of Second Illegal Immigrant Deported to El Salvador

A federal judge in Maryland has ordered the Trump administration to facilitate the return of a 20-year-old Venezuelan man deported to El Salvador, whose removal violated a previous court settlement, according to an order issued on Wednesday.

U.S. District Judge Stephanie Gallagher, a Trump appointee, also ordered the government not to remove other individuals covered by the settlement.

The class action case from 2019 was filed on behalf of individuals who entered the U.S. as unaccompanied minors and later sought asylum.

The group sued the government to be able to have their asylum applications adjudicated while they remained in the United States. The parties settled in 2024.

Attorneys for the plaintiffs say the Trump administration, in breach of the settlement agreement, removed one of the class members -- referred to using the pseudonym "Cristian" in court records -- to El Salvador on March 15 when it deported three planeloads of alleged migrant gang members to the CECOT mega-prison there.

In an opinion filed Wednesday, Judge Gallagher referenced the case of wrongly deported Kilmar Abrego Garcia, and said that "like Judge [Paula] Xinis in the Abrego Garcia matter, this court will order Defendants to facilitate Cristian's return to the United States so that he can receive the process he was entitled to under the parties' binding Settlement Agreement."

The judge's order was first reported by ABC News.

Judge Gallagher said that facilitating Cristian's return requires the defendants "making a good faith request to the government of El Salvador and to release Cristian to U.S. custody for transport back to the United States to await the adjudication of his asylum application on the merits by USCIS."

Gallagher called the deportation a "breach of contract."

"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," attorneys for the plaintiff said, referring to the 18th century wartime authority used to remove noncitizens with little-to-no due process.

The Trump administration, according to the order, contends that the removal of Cristian did not violate the settlement because "his designation as an alien enemy pursuant to the AEA results in him ceasing to be a member."

In a sworn declaration, an official for U.S. Immigration and Customs Enforcement said that Cristian was arrested in January for possession of cocaine.

"On January 6, 2025, ["Cristian"] 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, the Acting Field Office Director for Enforcement and Removal Operations.

Cerna said that following the invocation of the AEA, ICE determined that Cristian was subject to removal.

"On March 15, 2025, ["Cristian"] 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," Cerna said, referring to the Venezuelan criminal gang Tren de Aragua.

"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," attorneys for the plaintiff argued.

Counsel for the class of migrants also alleged in court filings that another Venezuelan man, identified as an 18-year-old named Javier in the court records, was in imminent danger of being deported earlier this month.

Judge Gallagher determined that Javier was covered by the settlement agreement and entered a temporary restraining order prohibiting the government from removing him from the United States.