Judge Demands Explanations for Improper Deportation of Asylum Seeker

A U.S. federal judge has mandated that the Department of Homeland Security (DHS) clarify the circumstances surrounding the deportation of a teenage asylum seeker back to El Salvador. Previously, this individual had been returned to the U.S. under a court-sanctioned settlement. The judge is seeking information on who authorized the deportation and what corrective measures the government plans to undertake.

The teenager, identified in court documents as E.L.A., was deported despite being recognized as part of the class covered by ongoing litigation. The judge inquired whether federal immigration systems had flagged E.L.A. as such and requested the government’s plan to promptly rectify the mistake.

On September 2, in the U.S. District Court for the District of Maryland, Judge Stephanie Gallagher, appointed by former President Donald Trump, instructed the government to provide answers to eight specific questions by noon the following day. The inquiries included, “Who was responsible for the decision to move E.L.A. from the detention center?” and “Who authorized placing E.L.A. on a plane to San Salvador?”

The order was a response to claims made by E.L.A.’s attorneys, who reported their client’s deportation on September 1. E.L.A. was previously protected under the class-action case J.O.P. v. U.S. Department of Homeland Security. DHS and the attorneys for E.L.A. were contacted by Newsweek for comments, though they have yet to respond.

According to legal documents, E.L.A. was initially removed from the U.S. in March 2026. The government later confirmed E.L.A.’s status as a class member on May 22, 2026, following a court directive. The teenager expressed a wish to return to the U.S., and he was returned on August 7, 2026.

Upon his return, E.L.A. was detained in Louisiana while preparing for an asylum interview and psychological evaluation. However, on September 1, E.L.A.’s attorneys discovered a scheduled video appointment had been canceled because he was no longer at the detention center.

The attorneys’ attempts to locate E.L.A. were unsuccessful, and by midmorning, the ICE detainee locator offered no records of his status. At 11:22 a.m., class counsel emailed government attorneys seeking urgent corrective measures and information about E.L.A.’s location.

That day, E.L.A. contacted his family from El Salvador to inform them of his deportation. He detailed how officials claimed a transfer to another center but instead placed him on a flight to San Salvador.

The class counsel argued this removal breached multiple court orders and provisions of the settlement agreement for certain asylum seekers who arrived as unaccompanied minors. They highlighted past orders prohibiting the government from deporting protected class members before their asylum claims are reviewed by U.S. Citizenship and Immigration Services.

In a separate legal filing, government lawyers acknowledged E.L.A.’s deportation to El Salvador. They mentioned that their awareness of his removal came only after receiving the email from class counsel. U.S. Immigration and Customs Enforcement confirmed E.L.A. was on a flight manifest that landed in El Salvador on the afternoon of September 1.

The Justice Department stated in their response that class counsel’s initial communication did not indicate deportation or a court order violation, prompting immediate contact with DHS officials after learning of the removal.

The government is now considering corrective actions for the communication errors that led to the erroneous deportation. They plan to report on these efforts to the court later.

This incident follows a series of proceedings regarding the government’s adherence to the settlement terms. Earlier, Judge Gallagher held DHS in civil contempt and enforced additional safeguards to prevent the deportation of protected individuals before asylum decisions.

The court is still investigating how E.L.A.’s second deportation happened and whether it involved violation of court directives. Judge Gallagher has requested detailed information on the decisions behind E.L.A.’s transfer and deportation, including who authorized these actions.

The case continues in the U.S. District Court for the District of Maryland.