Court Finds Trump Administration Breached 2019 Deportation Deal

    0
    0

    A federal judge has mandated that the Trump administration assist in returning a man deported to El Salvador, despite the existence of his asylum application, still undergoing processing. The order, handed down by U.S. District Judge Stephanie Gallagher in Maryland, emphasized that the government breached a prior settlement agreement from 2019 by deporting the 20-year-old, identified in legal documents as Cristian, from Venezuela.

    Judge Gallagher’s decision cited a similar situation involving Kilmar Abrego Garcia, who had established residence in Maryland. Abrego Garcia was erroneously deported to El Salvador on March 15, coinciding with Cristian’s deportation. Gallagher, who received her nomination from Trump in 2019, acknowledged the complexity of the procedural circumstances, drawing parallels with Abrego Garcia’s case.

    Gallagher, inspired by fellow U.S. District Judge Paula Xinis’ directive, asserted that the government should take steps to facilitate Abrego Garcia’s return. She explained, “Standing by and taking no action is not facilitation,” highlighting that historically, courts have necessitated active government involvement in such matters. The ruling obligates the government to make a bona fide appeal to El Salvador’s authorities for Cristian’s release to U.S. custody.

    The legal backdrop includes a 2019 class action lawsuit initiated by individuals who entered the U.S as unaccompanied minors and were living unlawfully. The lawsuit challenged alleged undocumented changes to asylum regulations pertaining to unaccompanied children. Last year, Gallagher had approved a settlement regarding this lawsuit. She declared Cristian, along with others included, should be brought back to the U.S. to await adjudication of their asylum applications by U.S. Citizenship and Immigration Services (USCIS).

    Lawyers from the Justice Department contested Gallagher’s assertion of jurisdiction over Cristian’s deportation and his subsequent return to the U.S., arguing no violation of the 2019 agreement occurred. “As a threshold matter, the Court should reject Plaintiffs’ blatant attempt to recast the parties’ filed and ordered settlement agreement to include claims and disputes never before raised in the litigation,” cited the government in their pre-ruling briefs.

    On the day of Trump’s proclamation for the apprehension and deportation of Venezuelan gang affiliates, including members of the Tren de Aragua gang, Cristian and numerous others were deported to El Salvador. This was under the Alien Enemies Act, a historic law from 1798. Cristian had been detained in Harris County, Texas, before being transferred to federal custody in January. Plaintiffs’ legal representatives argued the administration was attempting to bypass the 2019 settlement, describing the actions as a desire to disengage from the agreed terms.

    “Simply put, the AEA does not allow Defendants to disregard the binding commitments it made,” they remarked in their defense against the Trump administration’s actions. In contrast, government lawyers justified the use of the Alien Enemies Act by asserting it was necessary due to the perceived threat from the Tren de Aragua gang. They maintained that national security interests override any agreements that attempt to limit presidential power, especially in situations relating to foreign threats and potential terrorism risks.

    Nonetheless, Judge Gallagher pointed out that there was no substantiated evidence indicating Cristian represented a public safety risk, raising questions about the justification of national security in his case.