Judge Holds DHS in Contempt Over Deportation

A federal judge accused the Department of Homeland Security (DHS) of contempt for deporting a teenage asylum seeker to El Salvador, in violation of court orders. The judge has instructed the Trump administration to bring the teen back to the United States to pursue his asylum claim.

Violation of Court Orders

Judge Stephanie A. Gallagher determined that federal officials breached several court orders, dated November 25, 2024, April 23, 2025, and July 29, 2026. These orders protected the teenager, identified as E.L.A., based on a class-action settlement regarding asylum seekers who entered the U.S. as unaccompanied minors. The contempt ruling demands compliance with court directives and aims to remedy the effects of E.L.A.’s removal by mandating his return to the U.S.

A DHS spokesperson previously reported that E.L.A. voluntarily departed after reaching an ICE field office. He originally entered the U.S. in 2023 and was deported on March 13, 2026. E.L.A. re-entered the U.S. in early August prior to his deportation.

Deportee To Be Returned

The case drew attention since Gallagher, appointed by Trump, questioned government attorneys on how E.L.A. was deported despite court-ordered protections. She persistently inquired about who was responsible for the removal and whether proper procedures were followed.

The judge instructed the government to return E.L.A. to the U.S. and barred any final removal action until a properly filed asylum application received a decision from U.S. Citizenship and Immigration Services (USCIS), or until the settlement agreement expires. Gallagher also ordered the government to inform E.L.A., his attorney, and class counsel about his planned return, return property and documents taken during his removal, and provide notice before any future removal attempts.

Results of Class Action Lawsuit

The case stems from J.O.P. v. DHS, which challenges government policies impacting asylum seekers who arrived in the U.S. as unaccompanied minors. In November 2024, Gallagher approved a settlement agreement protecting eligible class members seeking asylum. Subsequent orders aimed to prevent removals before asylum claims were reviewed.

A July 2026 order instructed ICE to suspend removals for potential class members until asylum applications were adjudicated or class status was determined. ICE was required to keep system alerts and conduct specific reviews prior to removals. E.L.A. was initially removed in March 2026 but was returned on August 7 after being confirmed as a class member. He was held in Louisiana for an asylum interview and psychological evaluation when removed a second time.

Violation of Settlement Agreement

Class counsel informed the court of issues arising when a video appointment was canceled because E.L.A. was reportedly no longer in detention. Relatives later reported E.L.A.’s contact from El Salvador, confirming his deportation. Lawyers argued his removal violated the settlement agreement and court orders protecting class members awaiting asylum claims.

Government lawyers admitted E.L.A. was deported to El Salvador. They proposed addressing “communication errors” leading to E.L.A.’s erroneous removal.

Friday’s order marks the court’s robust response to the incident. Judge Gallagher concluded the government violated three court orders and enforced measures to aid E.L.A.’s return and prevent similar incidents.

An earlier ruling also found the government in contempt but no sanctions were imposed. Gallagher instructed the parties to update the court by October 2 regarding E.L.A.’s return and any potential plans for his return.

Gallagher filed a memorandum opinion under seal, allowing one week for redactions before releasing a public version. The reasoning behind the contempt finding remains unreleased.

Contact Newsweek editor on this story: Edward Pearcey.