U.S. judge mandates migrant's reinstatement after deportation to El Salvador
Rewritten Article:
A federal judge has put the Trump administration on the spot, ordering them to bring back a Venezuelan man sent to an El Salvador prison, stating his deportation went against a court settlement.
On Wednesday, Judge Stephanie Gallagher in Baltimore made it clear that the 20-year-old man, known only as "Cristian," should have had his asylum application considered before being booted out of the country. The ruling could spark another standoff between the administration and federal courts over immigration law.
It's not just Cristian facing this issue; the administration has also been told to facilitate the return of a Salvadoran man, Kilmar Abrego Garcia, who they admitted was deported wrongly, but progress has been slow on that front.
The Trump administration claims that Abrego Garcia, Cristian, and more than 250 other people recently sent to a Salvadoran prison are gang members. They believe they have the power to remove them under the Alien Enemies Act, an old law from 1798 meant for wartime situations.
Gallagher's ruling focused on whether Cristian's deportation went against the settlement, not whether the law was appropriately invoked, which is a hot topic in Abrego Garcia's, and other migrants', cases. The settlement applies to thousands of migrants who arrived in the U.S. without parents and applied for asylum.
"If Class Members with pending asylum applications could be summarily removed from the United States, the core purpose of the Settlement Agreement would be nullified," wrote Gallagher, a Trump appointee.
Neither the White House, the Department of Homeland Security, nor the lawyers representing the plaintiffs immediately responded to requests for comment. Cristian is part of the 2019 lawsuit, which alleged that immigration authorities were deporting migrants before they received a final decision on their asylum applications.
Asylum is a protective measure for people who are in the U.S. unlawfully but would likely face persecution if sent back to their home countries.
The Trump administration argued that Cristian's deportation didn't violate the settlement agreement because he was declared an "alien enemy" under the wartime law and thus ineligible for asylum. However, Gallagher on Wednesday said the settlement applies to anyone with a pending asylum application, not just those eligible for asylum.
The judge ordered the Trump administration to make a sincere request to the Salvadoran government for Cristian's release to U.S. custody, allowing him to return to the U.S. She also instructed the administration not to deport other migrants covered by the settlement.
Meanwhile, Salvadoran President Nayib Bukele proposed sending 252 Venezuelans deported from the U.S. and imprisoned in his country to Venezuela, in exchange for releasing political prisoners held by that country.
Immigration policies and their legality continue to be a hot topic, with the courts stepping in to enforce procedural safeguards and statutory obligations, particularly when it comes to migrant protections. These orders suggest an ongoing conflict over the administration's use of emergency powers and adherence to existing laws.
- Judge Stephanie Gallagher, a Trump appointee, has ordered the Trump administration to request the release of a Venezuelan man named Cristian from an El Salvador prison, asserting that his deportation went against a court settlement, potentially sparking another standoff between the administration and federal courts over immigration law.
- The Trump administration maintains that Cristian, along with more than 250 other people recently sent to a Salvadoran prison, are gang members, and they believe they have the power to remove them under the Alien Enemies Act, an old law from 1798 intended for wartime situations.
- Gallagher's ruling focuses on whether Cristian's deportation went against the settlement, not whether the law was appropriately invoked, which is a pressing issue in the cases of Abrego Garcia and other migrants.
- The general news and politics are abuzz with discussions about immigration policies and their legality, as the courts continue to enforce procedural safeguards and statutory obligations, particularly regarding migrant protections, suggesting an ongoing conflict over the administration's use of emergency powers and adherence to existing laws.
