BALTIMORE — Another federal district court judge in Maryland is ordering the Trump Administration to return a second alleged gang member deported to El Salvador, back to the United States.
This latest case stems from a 2024 settlement negotiated by the previous Joe Biden Administration, protecting undocumented immigrants that entered the country as children without an accompanying adult.
In 2019, during Trump's first Presidency, United States Citizenship and Immigration Services (UCIS) issued a memorandum making it more difficult for an unaccompanied minor to file for Asylum.
Four migrants later sued over the change, leading to the 2024 settlement with Biden's Department of Homeland Security (DHS).
Under that settlement, unaccompanied minors, 18-years and younger, who entered the country would be entitled to have their asylum cases heard and adjudicated before they could be deported.
When President Trump invoked the Alien Enemies Act last month, ICE deported one of these unaccompanied minors, who is now 20-years-old, after the Government deemed him a Tren De Aragua gang member.
The man, who court documents only identify as Christian, was ultimately sent to a Salvadoran prison where he remains in custody.
Since Christian was designated an alien enemy, Trump's DHS contended he no longer falls under the settlement.
Despite ICE officials arguing that Christian was convicted in Texas of felony cocaine possession earlier this year, judge Stephanie Gallagher ruled against them.
"While Defendants now assert there is a strong public interest in ensuring the safety of citizens of the United States and protecting them from foreign invasions and designated terrorist organizations, defendants have provided no evidence, or even any specific allegations, as to how Cristian, or any other Class Member, poses a threat to public safety," Gallagher's opinion states.
Gallagher compared the case to that of Kilmar Abrego-Garcia, another alleged gang member living in the country illegally, who Trump deported from Baltimore last month.
Abrego-Garcia has gained national attention that sparked nationwide protests, accusing the Trump Administration of denying migrants due process.
A separate lawsuit filed in Maryland on his behalf already reached the Supreme Court.
The justices ruled Trump and company must "facilitate [Abrego-Garica's] release," while a lower court ordered they "effectuate [his] return."
There's now an ongoing court battle between the Executive and Judicial branches on what that exactly means.
In justifying her ruling, Gallagher tries addressing that very argument.
"Thus, like Judge Xinis in the Abrego Garcia matter, this Court will order Defendants to facilitate Cristian’s return to the United States so that he can receive the process he was entitled to under the parties’ binding Settlement Agreement," wrote Gallagher. "This Court further orders that facilitating Cristian’s return includes, but is not limited to, Defendants making a good faith request to the government of El Salvador to release Cristian to U.S. custody for transport back to the United States to await the adjudication of his asylum application on the merits by UCIS."
