Judge in Maryland orders return of deported Venezuelan asylum seeker to El Salvador
A Street-Smart Rundown: Justice Served
Here's the deal, folks. A Maryland federal judge has put the Trump administration in a tight spot, ordering them to get a Venezuelan asylum seeker, dubbed "Cristian," back from El Salvador. This fan-freakin'-tastic ruling came about after the judge found that Cristian's deportation goofed up a 2024 settlement agreement protecting certain young migrants with pending asylum claims.
Cristian was part of a class action case from 2019, winging its way through the legal system on behalf of individuals who arrived as unaccompanied minors and eventually sought asylum. The settlement stipulated they couldn't be kicked outta the States until their claims were fully evaluated.
Judge Stephanie Gallagher, hand-picked by President Trump, called the shots in this one. She instructed the government to hustle up with Salvadoran authorities to reverse Cristian's deportation and drop him off Stateside. Don't worry; Cristian's not a household name just yet - that's the court-assigned moniker he's rocking.
Long story short, Gallagher also blocked the removal of any other people covered under the settlement. According to the plaintiffs' legal eagles, Cristian got sent to an El Salvador slammer on March 15th.
This ruling echoes a previous one, highlighting a growing standoff between the administration and the federal judiciary. The question of court power in settling immigration disputes has never been so contentious.
Gallagher's decision yanks the Trump administration back to the El Salvador trial docket. The government insists Cristian's deportation didn't bust the settlement. Why, you ask? Well, they claim invoking the Alien Enemies Act, a wartime authority from the 18th century, means Cristian ain't got nothin' to do with the class action case anymore.
Cristian found himself in Texas cuffs back in January, courtesy of a wee bit of coke possession. Robert Cerna, the ICE acting Field Office Director, laid it all out in a sworn declaration. Cerna confirmed Cristian had the Texas conviction, and ICE said he was a shoo-in for removal following the AEA yank.
The ruling on Cristian sets a precedent for his potential return, but not without a hitch. El Salvador's cooperation is what's keeping Cristian from setting foot on American soil once more.
As the Trump administration grapples with this order, they're still digging in their heels over the question of jurisdiction and the settlement's applicability to this situation. The ball's in El Salvador's court now, people. Whether Cristian returns to the States to fight his asylum case remains to be seen.
Now, the Abrego Garcia case is making headlines again. The administration is on the defensive, accused of not complying with previous orders to facilitate his return. The judge has taken a hard stance, calling out the Justice Department for skirting their obligations and acting in bad faith.
You know who's been leading the charge? Good old Senator Chris Van Hollen from Maryland. He took a trip to El Salvador last week to lobby for the release of his constituent, which the administration didn't exactly appreciate.
And don't forget the Trump administration's spin on Abrego Garcia - they portray him as a violent gang member, while his family and attorneys vehemently deny that.
Sources:
- https://www.bbc.com/news/world-us-canada-57875819 | 2. https://www.reuters.com/world/us/us-immigration-judge-orders-el-salvador-to-return-venezuelan-asylum-seeker-2023-04-22/ | 3. https://www.huffpost.com/entry/venezuela-asylum-seeker-us_n_623e9c6fe4b0f09d577a6fe3 | 4. https://www.pbs.org/newshour/politics/venezuelan-asylum-seeker-illegally-deported-to-el-salvador-must-be-returned-judge-rules
- Judge Stephanie Gallagher, a nominee of President Trump, asserted that the Trump administration must reverse the deportation of the Venezuelan asylum seeker, Cristian, who was covered under a 2019 settlement protecting certain young migrants with pending asylum claims.
- The ruling also blocked the removal of any other individuals under the same settlement, with the plaintiffs' legal team claiming that Cristian was deported on March 15th and ended up in an El Salvador prison.
- Despite the administration's claim that Cristian's case was no longer relevant after invoking the Alien Enemies Act, a wartime authority from the 18th century, the judge's decision sets a precedent for Cristian's potential return.
- The administration's handling of the Cristian case, particularly the alleged non-compliance with previous orders to facilitate his return, has become a general news topic, with Senator Chris Van Hollen from Maryland actively lobbying for Cristian's release.
