Judge Orders DHS to Return Deported Asylum Seeker

A federal judge found the Department of Homeland Security (DHS) in contempt for deporting a teenage asylum seeker to El Salvador, disregarding court orders. The Trump administration has been directed to bring him back to the United States to process his asylum claim.

Violations of Court Orders

Judge Stephanie A. Gallagher identified that federal officials breached the court’s November 25, 2024, April 23, 2025, and July 29, 2026 orders when they deported E.L.A. The young asylum seeker was covered by a class-action settlement, which safeguarded certain individuals who entered the U.S. as unaccompanied minors. The judge’s contempt ruling enforces compliance with these court orders, mandating E.L.A.’s return to U.S. soil.

A DHS representative informed Newsweek that E.L.A. requested voluntary departure at an ICE field office. E.L.A. initially entered the U.S. in 2023 illegally but faced deportation on March 13, 2026, before returning in early August.

Return of the Deportee

The case faced scrutiny as Judge Gallagher, appointed during Trump’s presidency, interrogated government attorneys on the deportation process of E.L.A. She questioned the responsible parties and the adherence to mandated procedures. The judge compelled the government to facilitate E.L.A.’s return to the U.S., barring any final removal order until U.S. Citizenship and Immigration Services (USCIS) makes a decision on his filed asylum application.

The order necessitates notifying E.L.A., his attorney, and the class counsel three days before his return to the U.S., returning his seized property and documents, and providing a five-business-day notice for any future removal attempts. The government must clarify the legal foundation for any subsequent removal actions.

Result of a Class Action Settlement

This case originates from the lawsuit J.O.P. v. DHS, challenging government policies affecting asylum seekers who entered the U.S. as unaccompanied children. In November 2024, the court approved a settlement granting certain protections for eligible class members pursuing asylum claims via USCIS.

Enforcement orders ensured that class members were not deported prior to evaluating their eligibility and asylum claims. A July 2026 directive required ICE to refrain from removing potential class members, pending either their application adjudication or class membership determination. ICE was also instructed to implement system alerts and perform specific reviews before executing removals.

Class counsel’s filings indicated E.L.A. was wrongly deported in March 2026. Once identified as a class member, he returned to the U.S. on August 7 to continue with his asylum application. He was held in immigration detention for an asylum interview and psychological evaluation when he experienced a second removal.

Agreement Violation

The class counsel realized issues when a scheduled video appointment was inexplicably canceled. Relatives later confirmed that E.L.A. reached out from El Salvador, revealing his deportation. Lawyers contended that the removal breached both the settlement agreement and multiple court orders.

Government attorneys admitted E.L.A.’s deportation to El Salvador. Earlier filings hinted at addressing communication errors contributing to the wrongful removal.

Judge Gallagher’s recent order targets government accountability, ordering measures to support E.L.A.’s safe return and prevent future violations. Previous findings did not impose sanctions but now call for parties to update the court by October 2 on E.L.A.’s return status.

Judge Gallagher required a memorandum opinion filed under seal, allowing one week for redaction suggestions before public release. Thus, detailed reasoning for contempt is not yet available.