Trump Suffers Another Blow as Judge Orders Return of Second Deportee
The case of Kilmar Abrego Garcia may have just opened the floodgates for more immigrants deported to El Salvador without due process.

A federal judge has ordered that a Venezuelan immigrant deported to El Salvador should be returned to the U.S.
On Wednesday night, U.S. District Judge Stephanie Gallagher, appointed by President Trump, ruled that a 20-year-old Venezuelan man’s removal violated a previous court settlement, and that the government should facilitate his return. Gallagher also ruled that the government should not deport anyone else covered by the settlement.
In 2019, a class action lawsuit was filed by immigrants who came to the U.S. as unaccompanied minors and sought asylum in order to have their applications processed while they stayed in the country. The government and the plaintiffs settled the case in 2024. But the Trump administration broke the agreement by sending one of the immigrants, known under the pseudonym “Cristian” in court records, to El Salvador last month as part of three deportation flights to the country.
“At bottom, this case, unlike other cases involving the government’s removal of individuals under the Alien Enemies Act, is a contractual dispute because of the Settlement Agreement,” the attorneys for the plaintiff said, referring to the eighteenth-century wartime authority Trump used to justify deporting noncitizens with little to no due process.
In her ruling, Gallager mentioned the case of Kilmar Abrego Garcia, whom the government mistakenly deported to El Salvador, saying that “like Judge [Paula] Xinis in the Abrego Garcia matter, this court will order Defendants to facilitate Cristian’s return to the United States so that he can receive the process he was entitled to under the parties’ binding Settlement Agreement.”
The Trump administration said that Cristian was arrested in January for possession of cocaine and that “his designation as an alien enemy pursuant to the [Alien Enemies Act] results in him ceasing to be a member” of the class in the lawsuit. This may be moot now, though, as a federal judge ruled last week that any deportations under the 1798 law require the government to provide advance notice and a court hearing.
But the White House has shown a flippant disregard for court orders that go against its wishes, and they aren’t likely to respond favorably to Gallager’s ruling. Each day, the administration’s deal with El Salvador President Nayib Bukele to send immigrants to the country is looking more and more legally questionable, but nothing appears to be changing, despite rebukes from multiple judges.