A federal judge has mandated that the Department of Homeland Security (DHS) clarify the circumstances surrounding the deportation of a teenage asylum seeker to El Salvador. This demand includes specifics on who authorized the deportation and the corrective measures intended. The court is closely examining whether federal systems flagged the teenager, referred to as E.L.A., as part of the protected class under existing litigation.
On September 2, a directive was issued by Judge Stephanie Gallagher of the U.S. District Court for the District of Maryland. Gallagher, appointed by President Donald Trump, compelled the government to respond to eight key queries by the following noon. Questions included the identity of those responsible for transferring E.L.A. from a detention center and placing him on a flight to San Salvador.
E.L.A.’s attorneys revealed to the court that he was deported on September 1 despite having protections under the class-action lawsuit J.O.P. v. U.S. Department of Homeland Security. Newsweek has reached out to DHS and the teenager’s attorneys for comments.
Class counsel records show E.L.A. was initially removed in March 2026, but on May 22, 2026, the government confirmed his class membership following a court mandate. E.L.A. expressed the desire to return to the U.S. for asylum application proceedings, resulting in his return on August 7, 2026.
After returning, E.L.A. was detained in Louisiana, awaiting an asylum interview and psychological evaluation. However, on September 1, attorneys discovered his scheduled video appointment had been canceled, citing E.L.A.’s absence from the facility.
Efforts to locate E.L.A. failed, with ICE’s online detainee locator showing no record midmorning. At 11:22 a.m. Eastern Time, class counsel urgently requested corrective action and location information from government lawyers. That day, the family confirmed E.L.A.’s contact from El Salvador, indicating deportation. E.L.A. claimed officials informed him of a transfer, yet he was instead deported.
Class counsel argued the removal contradicted multiple court orders and the settlement safeguarding certain unaccompanied minor asylum seekers. They referenced an injunction preventing class members’ removal before asylum application adjudication.
Attorneys for the plaintiffs wrote that “Defendants’ second unlawful removal of E.L.A. not only violates multiple court orders, but also places him back in the country where he fears persecution.”
Government attorneys acknowledged E.L.A.’s deportation, admitting notification came via class counsel’s email. U.S. Immigration and Customs Enforcement confirmed E.L.A.’s inclusion in the flight manifest and its landing in El Salvador.
Justice Department filings indicate initial messages from class counsel requested location details but omitted deportation concerns or alleged court order violations. Government attorneys contacted DHS post-notification of E.L.A.’s deportation.
Authorities are “considering appropriate steps to rectify the communication errors that led to E.L.A.’s erroneous removal” and plan court updates in a future status report.
This case follows previous proceedings concerning the government’s adherence to the settlement. Earlier this year, Gallagher found DHS in civil contempt, ordering added protections against removal of covered individuals before asylum process completion.
Currently, investigations continue into E.L.A.’s second deportation and potential official misconduct. Gallagher’s September 2 order seeks detailed decision-making information leading to E.L.A.’s deportation.