Federal Judge Demands Return of Deported Asylum Seeker

A federal judge has found the Department of Homeland Security (DHS) in contempt for deporting a teenage asylum seeker to El Salvador against court orders. The judge instructed the Trump administration to return the individual to the United States to pursue his asylum claim.

Judicial Orders Violated

Stephanie A. Gallagher identified that federal officials ignored court orders from November 25, 2024, April 23, 2025, and July 29, 2026. These orders protected the teenager, known as E.L.A., under a class-action settlement for asylum seekers who entered the U.S. as unaccompanied minors. The contempt finding enforces compliance with judicial orders and seeks to rectify the removal’s consequences, namely ensuring E.L.A.’s return to the U.S.

A DHS spokesperson had previously stated that E.L.A. sought voluntary departure at an ICE field office. He arrived illegally in the U.S. in 2023 and was deported on March 13, 2026. Before his deportation, he returned to the U.S. in early August.

Deportee Ordered Back

The case continues to attract attention. Judge Gallagher, a Trump appointee, had previously questioned government lawyers regarding E.L.A.’s deportation. She demanded to know who was responsible and whether all procedures were followed. The judge has now ordered E.L.A.’s return to the U.S. and stopped officials from executing a final removal against him until U.S. Citizenship and Immigration Services (USCIS) makes a final asylum determination or the agreement expires.

Gallagher’s order also requires advance notice of E.L.A.’s return to his attorney and class counsel, the return of his property and documents, and prior notice before any future removal attempts. The government must specify the legal basis for any future removals.

Implications of the Class Action Lawsuit

This case stems from J.O.P. v. DHS, a nationwide class action that challenges policies affecting asylum seekers arriving as unaccompanied minors. In November 2024, Gallagher approved a settlement offering protections for eligible class members pursuing asylum claims with USCIS.

Enforcement orders prevented removal before determining eligibility and reviewing asylum claims. A July 2026 mandate required ICE to avoid removing potential class members until USCIS adjudicated their claims or clarified their class membership status. This order also insisted on system alerts and reviews before any removals.

According to prior submissions by class counsel, E.L.A. was initially deported in March 2026. After realizing he was a class member, the government returned him to the U.S. on August 7 to continue his asylum application. He was being held in detention in Louisiana for an asylum interview and evaluation when removed a second time.

Settlement Agreement Breach

Class counsel informed the court that an appointment for E.L.A. was missed because he was reportedly no longer at the detention center. Relatives later informed them that E.L.A. had contacted family from El Salvador, revealing his deportation. Counsel contended this violated the settlement agreement and multiple court orders safeguarding class members from deportation prior to asylum decisions.

Government attorneys conceded that E.L.A. had been deported to El Salvador. They considered remedies for what they termed “communication errors” leading to his wrongful removal.

The judge’s latest order is a significant response, ensuring E.L.A.’s return and setting a precedent to prevent similar incidents. Judge Gallagher had previously found the government in contempt but refrained from imposing sanctions.

The court has requested status updates on E.L.A.’s U.S. return by October 2, including whether he intends to return and plans for doing so. Gallagher also filed a memorandum under seal with a week for parties to suggest redactions prior to its public release. As of now, the court’s full reasoning remains unpublished.