Judge’s Contempt Order for DHS
A federal judge has found the Department of Homeland Security (DHS) in contempt for deporting a teenage asylum seeker, E.L.A., to El Salvador. This action violated court orders, compelling the Trump administration to return the teenager to the United States to pursue his asylum claim. Stephanie A. Gallagher issued the contempt order, noting that federal officials broke the court’s orders from November 25, 2024, April 23, 2025, and July 29, 2026. These orders protected E.L.A. under a class-action settlement for certain asylum seekers entering the U.S. as unaccompanied minors.
The contempt ruling mandates compliance with court orders and requires E.L.A.’s return to the U.S. A DHS spokesperson previously stated that E.L.A. requested voluntary departure at an ICE field office, after illegally entering the U.S. in 2023. He was deported on March 13, 2026, but returned to the U.S. in early August prior to another deportation.
Legal Developments in the Case
The ruling marks another development in a case under scrutiny. Gallagher, a Trump appointee, has pushed government attorneys to explain how E.L.A. was deported despite court-ordered protections, questioning procedural compliance and responsibility.
The judge ordered the government to return E.L.A. to the U.S., preventing final removal until U.S. Citizenship and Immigration Services (USCIS) issues a judgment on a properly filed asylum application or the settlement agreement expires. Gallagher also mandated notice procedures before removals, including returning personal belongings and identifying legal authorities for removals.
Impact of Class Action Suit
This situation stems from J.O.P. v. DHS, a class action challenging policies affecting asylum seekers entering as unaccompanied minors. Gallagher approved a settlement in November 2024, protecting eligible class members pursuing asylum claims with USCIS.
Enforcement orders ensured class members’ claims were properly reviewed before removal. A July 2026 order required ICE to prevent removals unless USCIS adjudicated asylum applications or found them outside the class. ICE was also required to maintain alerts and conduct reviews before executing removals.
Class counsel reported E.L.A. was removed in March 2026 but returned August 7 for asylum application processing. Held in Louisiana, he prepared for an asylum interview and psychological evaluation before being removed again.
Settlement Agreement Violation
Class counsel informed the court of irregularities after a scheduled video appointment was canceled. Relatives later informed attorneys that E.L.A. contacted family from El Salvador, stating he’d been deported. Lawyers argued this removal breached the settlement agreement and court orders protecting class members.
Government lawyers acknowledged E.L.A.’s deportation, citing communication errors in earlier filings that led to his removal. Gallagher’s latest order addressed the incident by implementing measures to facilitate E.L.A.’s return and prevent similar occurrences.
The contempt finding builds on previous rulings in which Gallagher found DHS in contempt but did not impose sanctions. The order requires updates to the court by October 2 about E.L.A.’s return status, including confirmation of his wish to return and plans to achieve it.
Gallagher ordered a memorandum opinion filed under seal, giving parties a week to propose redactions before public release. The court’s comprehensive reasoning for the contempt finding remains undisclosed.