Judge orders return of asylum-seeker twice deported to El Salvador in contempt ruling

Key points

• Judge Stephanie Gallagher ruled the Trump administration in contempt for deporting E.L.A. to El Salvador twice, violating three court orders.
• The court ordered the government to return E.L.A. to the U.S. and refrain from executing removal orders until his asylum case is fully processed.
• E.L.A. was voluntarily returned to the U.S. after his first deportation on August 7, only to be wrongfully removed a second time.
• Court documents indicate at least 107 people protected by a 2019 class-action settlement were removed under final deportation orders before their asylum claims were decided.
• E.L.A. is a 19-year-old who refuses to return to the U.S. without assurances that his asylum claim will not be terminated, a guarantee the Justice Department is unwilling to provide.

Background

This ruling follows an August 2026 finding of civil contempt by Judge Gallagher, who ruled the government was repeatedly removing young asylum seekers it was legally barred from deporting. The case stems from a 2019 federal class-action lawsuit protecting the asylum rights of immigrants who arrived in the U.S. as unaccompanied minors. In August 2026, DHS counsel James Percival faced an ethics complaint for publicly attacking judges who ruled against the administration, labeling them 'Worst of the Worst' and accusing them of 'judicial sabotage.'

How outlets are covering it

Axios and ABC News report that the judge found the Trump administration in contempt for twice deporting an asylum-seeker in violation of three court orders, with ABC News noting that at least 107 protected individuals were removed before their claims were decided. Bloomberg Law adds that the man, identified as E.L.A., is a 19-year-old who refuses to return to the U.S. without assurances that his asylum claim will not be terminated, a guarantee the Justice Department is unwilling to provide. ABC News notes that a DHS spokesperson did not immediately respond to a request for comment, while Bloomberg Law reports that DOJ attorneys told the court the government is not willing to make the guarantee.

Why it matters

The contempt ruling highlights ongoing tensions between the Trump administration and the judiciary over immigration enforcement, particularly regarding the protection of unaccompanied minors and asylum seekers. The ruling underscores the legal consequences of violating court orders and the potential impact on the rights of individuals protected by class-action settlements. It also raises questions about the government's willingness to provide assurances regarding the processing of asylum claims, which could affect future cases involving protected individuals.

What to watch

Both parties are required to provide an update on E.L.A.'s return to the U.S. by October 2. The Justice Department is expected to respond to the court's order, and the government's willingness to provide assurances regarding the processing of E.L.A.'s asylum claim will be a key factor in determining the outcome of the case. The ruling may also have implications for other cases involving individuals protected by the 2019 class-action settlement.