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Federal Judge Holds DHS in Contempt for Deporting Teen Asylum Seeker
By Drooid · · How we work
Court Finds DHS in Contempt Over Teen’s Deportation
U.S. District Judge Stephanie A. Gallagher ruled that the Department of Homeland Security (DHS) violated three prior court orders—issued on April 23 2025, July 29 2026, and an earlier November 2024 settlement—by removing a teenage unaccompanied migrant identified in filings as E.L.A. The judge’s Friday order compels DHS to return the youth to the United States and bars any final removal until his asylum claim is adjudicated or the settlement expires.
Settlement Background and Protective Orders
In late 2024, Gallagher approved a class-action settlement that shields eligible unaccompanied minors from removal while their asylum applications are reviewed by U.S. Citizenship and Immigration Services (USCIS). Subsequent orders required Immigration and Customs Enforcement (ICE) to keep system alerts for class members and to obtain USCIS determination before any deportation. The July 2026 order specifically instructed ICE to refrain from removing identified class members until USCIS acted.
Details of the Violations
According to DHS, the teenager entered the United States illegally in 2023 and was placed in an ICE field office. The agency’s spokesperson said the individual requested voluntary departure and was deported on March 13 2026. After class counsel confirmed E.L.A. qualified for the settlement, he was sent back to the United States in early August. Class attorneys later learned of a second removal when a scheduled video appointment was canceled and relatives reported the teen had contacted family from El Salvador.
Court-Mandated Remedies
Gallagher ordered DHS to: (1) return E.L.A. and provide three days’ notice of his arrival; (2) restore any property or documents taken during the removal; (3) give at least five business days’ notice before any future removal attempt; and identify the legal authority for any subsequent removal. The government must also update the court by October 2 on the status of the teen’s return and his intent to pursue asylum.
Future Reporting Requirements
The October 2 deadline is a scheduled reporting date; the court will assess compliance and determine whether additional sanctions are warranted. Until then, DHS must adhere to the settlement’s protective framework while E.L.A. remains in immigration detention pending his asylum interview and psychological evaluation.