Judge Finds DHS in Contempt, Orders Deported Teen Be Returned - Newsweek

A federal judge has held the Department of Homeland Security (DHS) in contempt for deporting a teenage asylum seeker to El Salvador in violation of court orders and directed the Trump administration to return him to the United States so he can pursue his asylum claim.

In an order issued Friday, Stephanie A. Gallagher found that federal officials violated the court's Nov. 25, 2024, April 23, 2025, and July 29, 2026 orders when they removed the teenager, identified in court filings as E.L.A., despite protections afforded to him under a class-action settlement governing certain asylum seekers who entered the United States as unaccompanied minors.

The contempt finding primarily compels compliance with the court's orders and remedies the effects of the removal, including by requiring E.L.A.'s return to the United States.

A DHS spokesperson previously told Newsweek that the man had requested voluntary departure after arriving at an ICE field office. He had arrived illegally in the U.S. in 2023, the spokesperson said, before being deported March 13, 2026. He was then returned to the U.S. in early August before his deportation.

The ruling marks the latest development in a case that drew scrutiny after Gallagher, a Trump appointee, previously pressed government attorneys to explain how E.L.A. had been deported despite court-ordered safeguards, repeatedly questioning who was responsible for the removal, and whether required procedures had been followed.

The judge ordered the government to return E.L.A. to the United States and barred officials from executing a final removal order against him until either U.S. Citizenship and Immigration Services (USCIS) issues a final determination on a properly filed asylum application under the settlement agreement, or the agreement expires.

Gallagher also ordered the government to provide E.L.A., his immigration attorney and class counsel with three days' advance notice of his planned arrival in the United States, return any property and documents taken from him when he was removed, and give at least five business days' notice to E.L.A., his lawyers, class counsel and the court before attempting any future removal. The government must also identify the legal authority supporting any future removal effort.

The case arises from J.O.P. v. DHS, a nationwide class action challenging government policies affecting certain asylum seekers who entered the United States as unaccompanied children. In November 2024, Gallagher granted final approval to a settlement agreement that provided protections for eligible class members pursuing asylum claims before USCIS.

Subsequent enforcement orders sought to ensure class members were not removed before their eligibility and asylum claims were properly reviewed. A July 2026 order required ICE to refrain from removing individuals identified as potential class members until USCIS either adjudicated their asylum application or determined they were not members of the class. The order also required ICE to maintain system alerts and undertake specific reviews before carrying out removals.

According to filings previously submitted by class counsel, E.L.A. was initially removed from the United States in March 2026. After the government confirmed he was a class member covered by the settlement, he was returned to the United States on Aug. 7 so that his asylum application could proceed.

Attorneys said he was being held in immigration detention in Louisiana while preparing for an asylum interview and psychological evaluation when he was removed a second time.

Class counsel told the court they learned something was wrong after a scheduled video appointment was canceled because E.L.A. was reportedly no longer at the detention facility. Later that day, relatives informed attorneys that E.L.A. had contacted family members from El Salvador and said he had been deported.

Lawyers argued that the removal violated both the settlement agreement and multiple court orders protecting class members from deportation before their asylum claims were decided.

Government lawyers subsequently acknowledged that E.L.A. had been removed to El Salvador. In earlier filings, the government said officials were considering steps to address the "communication errors" that led to what it described as E.L.A.'s erroneous removal.

Friday's order represents the court's most significant response so far to the incident. Rather than merely seeking additional information about how the deportation occurred, Gallagher concluded that the government violated three separate court orders and imposed remedial measures designed to facilitate E.L.A.'s return and prevent a similar removal from occurring again.

The contempt finding follows an earlier ruling in the case in which Gallagher found the government in contempt but declined to impose sanctions.

The order directs the parties to update the court by October 2 regarding the status of E.L.A.'s return to the United States, including whether he wishes to pursue return and, if so, plans to carry it out.

Gallagher also ordered the accompanying memorandum opinion filed under seal and gave the parties one week to propose redactions before a public version is released. As a result, the court's detailed reasoning for the contempt finding is not yet publicly available.

Contact Newsweek editor on this story: Edward Pearcey.