A federal judge held the Department of Homeland Security (DHS) in contempt for deporting a teenage asylum seeker in violation of court orders. The judge directed the Trump administration to bring the teen back to the United States for his asylum case.
Overview of the Case
Judge Stephanie A. Gallagher found that federal officials violated court orders from November 25, 2024, April 23, 2025, and July 29, 2026, by deporting the teen, identified as E.L.A. These orders protected E.L.A. under a class-action settlement for asylum seekers entering the U.S. as unaccompanied minors. The contempt finding requires the teen’s return to the U.S. to pursue his asylum claim.
A DHS spokesperson stated that E.L.A. had sought voluntary departure upon approaching an ICE office after arriving illegally in 2023. He was deported in March 2026 but returned to the U.S. in early August prior to his deportation.
Judicial Ruling Details
This ruling evolves from Judge Gallagher questioning government attorneys about the protective measures bypassed during the deportation. She ordered that E.L.A. be allowed back into the U.S. The ruling prevents officials from deporting him until the U.S. Citizenship and Immigration Services (USCIS) completes a decision on his asylum application or until the agreement expires.
Gallagher’s order mandates that the government give E.L.A. and relevant parties three days’ notice of his arrival. They must also return any personal property taken during his removal. Before any future deportation attempts, a five business days’ notice must be given, and legal authority for the removal provided.
Class Action Lawsuit Background
This case links to the class action J.O.P. v. DHS, against government policies affecting unaccompanied minor asylum seekers. Judge Gallagher previously approved a settlement agreement in November 2024, safeguarding eligible claimants seeking asylum with USCIS.
Subsequent orders ensured these individuals were not deported without a proper claim review. A July 2026 order stopped ICE from deporting potential class members until USCIS processed their asylum claims. ICE was required to maintain alerts and undertake specific reviews before executing deportations.
Filed documents show E.L.A. was deported in March 2026, then brought back in August after the government confirmed his class member status. Held in Louisiana for asylum preparations, E.L.A. was removed again, violating the settlement agreement and court orders.
Settlement Violation and Government Response
Class counsel discovered the issue when a video meeting was canceled due to his absence from the detention facility. Family informed the attorneys that E.L.A. contacted them from El Salvador. Lawyers argued these actions contravened protections barring deportation before asylum claims resolved.
The government admitted to E.L.A.’s wrongful deportation and mentioned addressing the “communication errors” causing the incident. Gallagher’s latest order imposes remedial measures for E.L.A.’s return and aims to prevent further non-compliance.
Previously, the contempt ruling found the government liable but without sanctions. The latest order instructs updating the court by October 2 on E.L.A.’s return plans and indicates filing a public memorandum, pending redactions.
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