Federal judge orders government to return second migrant deported to El Salvador

A federal district judge in Maryland, Stephanie Gallagher, an appointee of President Donald Trump (in his first term), ordered the immediate return of a 20-year-old identified as "Cristian" to the United States, who was deported to El Salvador last month under the Alien Enemies Act (AEA).

The decision, issued Wednesday, also includes a temporary restraining order to protect another migrant, an 18-year-old known as "Javier," from imminent deportation.

Both cases are part of a high-profile legal battle over enforcement of a settlement agreement between the Department of Homeland Security (DHS) and a group of young asylum seekers.

According to Gallagher's ruling, first reported by ABC News, the Trump Administration violated an agreement reached last year with a group of migrants who entered the United States as unaccompanied minors and sought asylum.

The agreement stipulated that DHS would not deport any members of the group until their asylum claims were fully adjudicated by a US court. However, Cristian, a member of this group, was deported, which Gallagher called a "breach of contract" by the government.

In her decision, Gallagher ordered the Republican administration to make a good faith request to the government of El Salvador that Cristian be released into US custody and transferred back to the United States while the US Citizenship and Immigration Services (USCIS) resolves his asylum application.

In addition, the judge barred the government from deporting other members of the group until their asylum cases are properly adjudicated.

For its part, the Trump administration argued before the court that Cristian was eligible for deportation under the AEA due to a cocaine possession conviction earlier this year, which they argued excluded him from the group protected by the agreement.

However, Gallagher rejected this argument, stating that under the terms of the agreement and contract law principles, the deportation of any class member, including Cristian, without a final resolution of his asylum claim constitutes a breach of the undertaking.

The ruling also refers to the case of Kilmar Ábrego García, a member of MS-13, deported to El Salvador last month.

On the other hand, the temporary restraining order granted to Javier, another member of the group, is in response to what his lawyer described as an "imminent danger" of deportation earlier this month, according to ABC. Gallagher ruled that Javier is covered by the agreement and blocked his removal.

Gallagher's ruling sets a precedent by prioritizing enforcement of the terms of the settlement agreement, while the Trump Administration continues to defend its immigration policies.