Trump Judge Orders White House to Return Deported Migrant

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A federal judge in Maryland has ordered President Donald Trump's administration to facilitate the return of a 20-year-old Venezuelan man who was wrongly deported to El Salvador.

U.S. District Judge Stephanie Gallagher, who was appointed by Trump, issued an order on Wednesday stating that the man's removal violated a previous court settlement.

U.S. President Donald Trump
President Donald Trump in the White House in Washington D.C. on Wednesday. SAUL LOEB/AFP via Getty Images

Why It Matters

The court order marks the second time a judge has ordered the Trump administration to facilitate the return of an immigrant deported to El Salvador. It follows the removal of more than 200 illegal immigrants in March that the government said were suspected gang members.

In March, Kilmar Abrego Garcia was deported to El Salvador due to what the Department of Homeland Security later admitted was an "administrative error," prompting strong backlash.

What To Know

A class action lawsuit was filed in 2019 on behalf of immigrants who entered the U.S. as unaccompanied minors. They sued the government to have their asylum applications heard while they remained in the country, and the parties later settled in 2024.

But the plaintiffs say that Trump's administration deported one of the migrants—referred to as "Christian" in court records—to El Salvador in March in breach of the settlement agreement.

In his opinion on Wednesday, Gallagher wrote: "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."

He was among three planeloads of alleged gang members sent to the high-security CECOT prison.

Gallagher described the removal as a "breach of contract."

The Trump administration argued that his deportation did not violate 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 a sworn declaration cited by ABC News, an Immigration and Customs Enforcement (ICE) official stated that Christian was arrested in January on a cocaine possession charge. "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, the acting field office director for enforcement and removal operations.

"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 argued, according to ABC News.

It was also argued in court filings that Javier, an 18-year-old Venezuelan man, was at imminent risk of deportation earlier this month. Judge Gallagher ruled that Javier was protected under the settlement agreement and issued a temporary restraining order preventing the government from removing him from the United States.

What People Are Saying

Gallagher said: "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.

Cerna said: "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."

This is a breaking story. More to follow.

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About the writer

Shane Croucher is a Breaking News Editor based in London, UK. He has previously overseen the My Turn, Fact Check and News teams, and was a Senior Reporter before that, mostly covering U.S. news and politics. Shane joined Newsweek in February 2018 from IBT UK where he held various editorial roles covering different beats, including general news, politics, economics, business, and property. He is a graduate of the University of Lincoln, England. Languages: English. You can reach Shane by emailing s.croucher@newsweek.com

and

Billal Rahman is an immigration reporter based in London, U.K. He specializes in immigration policy and border security. He has uncovered allegations of misconduct among border agents under investigation and exposed claims of abuse at ICE-run detention centers in the U.S. He joined Newsweek in 2024 from The Independent. He has covered the British Post Office scandal and the conflict between Israel and Hamas. Originally from Glasgow, he studied Journalism in Edinburgh and then worked for STV News before moving to London in 2022. You can contact Billal at b.rahman@newsweek.com.


Shane Croucher is a Breaking News Editor based in London, UK. He has previously overseen the My Turn, Fact Check ... Read more