A federal judge has ordered the Department of Homeland Security (DHS) to clarify how a teenage asylum seeker, identified as E.L.A., was deported to El Salvador. This deportation occurred after E.L.A. had been returned to the U.S. under a court-supervised settlement. The judge demanded specifics about who authorized this deportation and what measures the government will take to correct the situation.
Judge Stephanie Gallagher, in a September 2 order filed in the U.S. District Court for the District of Maryland, required the government to respond to eight questions by noon the next day. These questions included who was responsible for moving E.L.A. from the detention center and for placing him on a plane to San Salvador.
The order followed claims by attorneys for E.L.A. that he was deported on September 1, despite being protected under the settlement in the class-action case J.O.P. v. U.S. Department of Homeland Security. Newsweek attempted to contact DHS and E.L.A.’s attorneys for comments.
“Defendants’ second unlawful removal of E.L.A. not only violates multiple court orders, but it also places him back in the country where he fears persecution,” the plaintiffs’ attorneys argued.
According to court documents, E.L.A. was initially deported in March 2026. By May 22, 2026, the government recognized him as a class member. Upon learning of his status, his attorneys informed the authorities that E.L.A. wanted to return to the U.S. for his asylum application. He was returned on August 7, 2026, and held in Louisiana while awaiting an asylum interview and psychological evaluation.
On September 1, attorneys discovered his unexpected removal when a scheduled video appointment was canceled, stating he was “no longer at this facility.” Attempts to locate him were unfruitful until family members confirmed E.L.A. had contacted them from El Salvador. He explained that officials misled him into believing he was being transferred within the detention system but instead put him on a flight to El Salvador.
Government lawyers confirmed E.L.A.’s deportation in a separate report after they received an email from class counsel. After realizing the removal, U.S. Immigration and Customs Enforcement verified that E.L.A. was listed on the flight manifest. Justice Department attorneys stated that communication errors led to the removal and that steps are being contemplated to address and rectify these issues.
This case is part of ongoing proceedings regarding government adherence to the settlement agreement. Earlier this year, Judge Gallagher found DHS in civil contempt, necessitating further protections to prevent the premature removal of asylum seekers covered by the agreement.
Currently, the court is investigating the circumstances of E.L.A.’s second deportation, including potential violation of court directives by officials. The case remains open in the U.S. District Court for the District of Maryland.
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