A federal judge has found the Department of Homeland Security (DHS) in contempt for deporting a teenage asylum seeker to El Salvador despite existing court orders. This decision directs the Trump administration to return the individual to the United States to allow him to continue his asylum claim. Judge Stephanie A. Gallagher noted that federal officials had violated previous court orders in 2024, 2025, and 2026 when they deported the teenager, known as E.L.A., without adhering to the protections of a class-action settlement. This settlement involved asylum seekers who had entered the U.S. as unaccompanied minors.
The contempt ruling requires compliance with the court’s mandates and instructs on remedies for the removal, such as returning E.L.A. to the United States. A spokesperson from DHS previously mentioned that the individual requested voluntary departure after arriving at an ICE field office in 2023. E.L.A. was deported on March 13, 2026, but had returned to the U.S. in early August prior to this deportation.
Deportee to be Returned
This decision arises from a case scrutinized after Gallagher questioned how E.L.A. had been deported despite safeguards. She directed the government to bring E.L.A. back to the U.S. and barred the execution of any final removal order against him until a final asylum determination is made by U.S. Citizenship and Immigration Services (USCIS) or the agreement expires.
Gallagher instructed officials to provide E.L.A. and his legal representatives with advance notice of his planned arrival in the U.S., return his belongings taken during his removal, and give notice before any future removal attempts. The government must outline the legal basis for any potential future removal.
Results of a Class Action Lawsuit
The case is linked to J.O.P. v. DHS, a nationwide class action which challenges policies affecting certain asylum seekers who entered as unaccompanied minors. Gallagher’s 2024 approval of a settlement aimed to protect class members pursuing asylum claims.
Subsequent enforcement orders were issued to prevent removal before claim eligibility was established. In July 2026, ICE was instructed to prevent removals of class members until USCIS decisions were made. The order also mandated ICE to maintain alerts and conduct reviews before removals.
E.L.A. was first removed from the U.S. in March 2026. After confirming his class membership, the government returned him to the U.S. in August 2026. Despite detention in Louisiana for an asylum interview, he was deported again, prompting class counsel to argue this violated protections.
Violation of Settlement Agreement
Class counsel informed the court of a canceled video appointment with E.L.A., indicating his removal. His relatives reported he had contacted them from El Salvador. Lawyers claimed this violated both the settlement agreement and court orders protecting class members.
Government lawyers acknowledged his removal and identified “communication errors” leading to his deportation as a mistake. Judge Gallagher’s recent order highlights the government’s violation of court orders and sets measures for E.L.A.’s return, alongside preventing similar future occurrences.
The court requests updates on E.L.A.’s status by October 2. Gallagher required a memorandum opinion to be filed under seal, with parties proposing redactions before a public release. Thus, the court’s detailed reasoning remains unavailable.