A federal judge has mandated the Department of Homeland Security (DHS) to provide an explanation regarding the deportation of a teenage asylum seeker to El Salvador. This order comes after the individual was previously returned to the United States under a court-supervised settlement. The judge has requested details on who authorized the deportation and how the government plans to address the situation.
In court documents, the teenager is identified as E.L.A. The judge inquired if federal immigration databases included an alert indicating that E.L.A. might be a part of the protected class under the litigation. The government is required to provide a plan for quickly correcting this issue.
On September 2, in the U.S. District Court for the District of Maryland, Judge Stephanie Gallagher, appointed by President Donald Trump, instructed the government to respond to eight specific questions by noon the following day. These questions include: “Who decided to move E.L.A. from the detention center?” and “Who decided to place him on a flight to San Salvador?”
The order came after E.L.A.’s attorneys informed the court that he had been deported on September 1 despite the protections from the J.O.P. v. U.S. Department of Homeland Security case. Newsweek reached out to DHS and attorneys for comments on the incident.
According to class counsel, E.L.A. was initially removed from the United States in March 2026. In May 2026, the government confirmed his status as a class member. After being informed that E.L.A. wished to return to the U.S. for asylum proceedings, the government brought him back on August 7, 2026.
E.L.A. was held in immigration detention in Louisiana, awaiting an asylum interview and related psychological evaluation. On September 1, his attorneys were notified of a canceled video appointment, discovering he was no longer at the facility. The ICE detainee locator no longer showed a record for E.L.A.
By late morning, E.L.A. contacted his family, informing them of his deportation. According to his account, officials told him he would be transferred but instead put him on a flight to San Salvador.
Attorneys argued that this removal violated multiple court orders and the settlement agreement covering certain asylum seekers entering as minors. They cited orders preventing government removal of such individuals before their asylum claims are processed.
Government attorneys acknowledged E.L.A.’s removal on September 1 and noted their subsequent notification from class counsel. They confirmed ICE had included E.L.A. on the flight manifest, with the flight reaching El Salvador.
In response to the court’s questions, Justice Department attorneys stated that class counsel’s initial message did not mention deportation or any court order violations. However, they contacted DHS following the removal notification. Officials are considering steps to address the communication breakdown causing the erroneous removal and plan to update the court.
This incident follows previous proceedings on the government’s compliance with the settlement agreement. Earlier in the year, Judge Gallagher found DHS in civil contempt and ordered safeguards to prevent removing protected individuals before asylum decisions.
The court has yet to ascertain the occurrences behind E.L.A.’s second removal or any potential violations by officials. Through her order, Judge Gallagher seeks comprehensive details about the decisions leading to E.L.A.’s transfer and removal.
The case continues in the U.S. District Court for the District of Maryland.
