(WASHINGTON) — A day after a federal appeals court affirmed a court order directing the Trump administration to facilitate the return of a deported 20-year-old Venezuelan man to the United States, the judge overseeing the case has ordered the administration to report “the steps they have taken” to do so.
The man, identified in court records by the pseudonym “Cristian,” challenged his removal after he was sent in mid-March on a flight to El Salvador after President Donald Trump invoked the Alien Enemies Act by arguing that the Venezuelan gang Tren de Aragua is a “hybrid criminal state” that is invading the United States.
U.S. District Judge Stephanie Gallagher, a Trump appointee, found in April that Cristian’s removal violated a class action settlement on behalf of individuals who entered the U.S. as unaccompanied minors then later sought asylum, and she directed the government to take steps toward “aiding, assisting or making easier” Cristian’s release and return — similar to the remedy ordered by the judge in the case of Kilmar Abrego Garcia.
Judge Gallagher on Tuesday said she wants the government to provide, by May 27, a status report that includes Cristian’s current physical location and custodial status; what steps, if any, defendants have taken to facilitate Cristian’s return to the United States; and what additional steps defendants will take, and when, to facilitate Cristian’s return.
This is the second time that Gallagher, a 2019 Trump appointee, has asked the government to provide this information; the previous time the government filed a motion asking Gallagher to vacate her order, which she denied. The government then appealed to the 4th U.S. Circuit Court of Appeals for a stay of the order, which was denied on Monday.
In her April ruling, Gallagher determined that Cristian’s removal to El Salvador was in breach of an existing settlement agreement, finalized in 2024, that protected migrants who entered the U.S. as unaccompanied minors from deportation until there was a final determination on their asylum claims.
The administration has argued — unsuccessfully thus far — that Cristian’s removal under the Alien Enemies Act Proclamation was not a violation of the settlement agreement, and that Cristian is an admitted Tren de Aragua member, which he denies.
Responding to Monday’s ruling by the 4th Circuit, Department of Homeland Security Assistant Secretary Tricia McLaughlin said in a statement, “We strongly disagree with the Court’s ruling. No error was made in this individual’s return. This alien is a self-admitted Tren de Aragua gang member and illegal alien from Venezuela. Along with millions of other illegal aliens, he crossed our border illegally under the previous administration.”
“The President and Secretary Noem will not allow a foreign terrorist organization to operate on American soil,” McLaughlin said. “If the court forces his return, he will be removed again.”
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