Judge Demands Explanation for Wrongful Deportation of Asylum Seeker
A federal judge has directed the Department of Homeland Security (DHS) to detail how a teenage asylum seeker, previously sent back to the U.S. under a court-managed settlement, was deported to El Salvador. The judge asks for specifics on who permitted the deportation and the steps the government will take to amend the situation.
The judge inquired if the federal immigration systems had marked the teenager, identified as E.L.A. in court records, as part of the litigation’s covered group. She demanded the government’s strategy for promptly fixing this mistake.
Judge Stephanie Gallagher, appointed by President Donald Trump, has ordered the government to respond to eight queries. These include identifying who decided to relocate E.L.A. from detention and who put him on a plane to San Salvador.
The order stems from claims by E.L.A.’s lawyers stating he was deported to El Salvador on September 1, although he was under protections outlined in the class-action case J.O.P. v. U.S. Department of Homeland Security.
Newsweek has reached out to DHS and E.L.A.’s legal representatives for comments.
Class counsel’s filings mention that E.L.A. was initially deported from the U.S. in March 2026. By May 22, 2026, the government verified his status as a class member following a court directive. Counsel later notified the government of E.L.A.’s desire to return to the U.S. for asylum consideration. He was brought back on August 7, 2026.
Post-return, E.L.A. was held in Louisiana, preparing for an asylum interview and psychological assessment. On September 1, counsel learned his scheduled video call had been canceled as he was “no longer at this facility.” Efforts to locate him proved unsuccessful, and by midmorning, his record vanished from the online ICE detainee locator.
At 11:22 a.m. Eastern Time, class counsel urgently reached out to government lawyers for corrective action and information on E.L.A.’s whereabouts. Later, family members informed attorneys that E.L.A. contacted relatives from El Salvador, confirming his deportation. He reported being told of transfer to another center, only to find himself on a flight to San Salvador.
Class counsel argues the deportation breaches multiple court orders and a settlement agreement covering certain unaccompanied minor asylum seekers. They referenced orders preventing removal before application adjudication.
The plaintiffs’ attorneys stressed that E.L.A.’s unlawful deportation violated court orders and placed him in potential danger of persecution.
Government attorneys admitted the deportation in separate filings, noting they learned of the matter via a class counsel email on the night of September 1. U.S. Immigration and Customs Enforcement later validated E.L.A. being listed on a flight manifest, landing in El Salvador that afternoon.
Responding to the court’s inquiries, Justice Department lawyers stated class counsel’s message sought E.L.A.’s location information without mentioning deportation or court order violations. Post-communication from class counsel, government lawyers contacted DHS, realizing E.L.A.’s removal.
Authorities are considering how to correct the communication blunders resulting in E.L.A.’s incorrect deportation. They plan to update the court on the measures taken in a status report.
The case follows earlier proceedings over government compliance with the settlement. Gallagher had earlier found DHS in civil contempt, mandating extra measures to stop the removal of protected individuals before asylum decisions.
The U.S. District Court for the District of Maryland is examining how the second deportation of E.L.A. occurred and if any officials defied court guidelines.