Background on the Migrant and Relevant Parties
A U.S. judge has ordered the administration of President Donald Trump to “facilitate” the return of a Venezuelan migrant named “Cristian,” who was expelled to an El Salvador prison in March. This case is part of a class-action lawsuit filed in 2019 on behalf of individuals who entered the U.S. as unaccompanied minors and later sought asylum.
In 2024, a settlement agreement was approved that prevents the deportation of these individuals until their asylum requests are resolved. Judge Stephanie Gallagher’s recent ruling mandates that the U.S. government “facilitate Cristian’s return to the U.S. so he can receive the process he was entitled to under the binding settlement agreement.”
Arguments and Judge’s Response
The Department of Homeland Security (DHS) representatives argue that the court lacks jurisdiction over this case. However, Judge Gallagher dismissed this argument, stating that it “lacks foundation,” amidst tensions between the Trump administration and judges who oppose its migration policies.
The migrants’ legal team contends that Cristian’s expulsion violates the settlement agreement. They argue that designating him as a “foreign enemy” under the 1798 Alien and Sedition Acts makes him ineligible for asylum, though they have not yet presented evidence.
Mass Expulsions and Legal Challenges
In mid-March, President Trump expelled over 250 migrants to El Salvador, accusing them of belonging to gangs. Most are Venezuelans deported under the 1798 Alien and Sedition Acts, previously used only during wartime and now applied to alleged members of the Tren de Aragua criminal gang.
El Salvador imprisoned these migrants for ransom. This use of an exception law has sparked numerous legal challenges. Lawyers for some expelled migrants assert their clients are not gang members or criminals but are primarily targeted due to tattoos.
On Saturday, the Supreme Court temporarily halted the expulsion of Venezuelan migrants to El Salvador under this 18th-century law.
Reference to Kilmar Ábrego García Case
Judge Gallagher cited the case of Kilmar Ábrego García, a Salvadoran whose situation was addressed by the Supreme Court. The court joined the call for the government to “facilitate” his return after acknowledging his expulsion was an “administrative error.”
Despite the court’s ruling, the Trump administration has not yet indicated compliance and continues to accuse Ábrego García of MS-13 gang membership. President Nayib Bukele of El Salvador, a strong Trump ally, also refuses to budge.
Key Questions and Answers
- What is the main issue in this case? The main issue is whether the U.S. government should “facilitate” the return of a Venezuelan migrant (Cristian) to the U.S. so he can receive the asylum process to which he is entitled under a binding settlement agreement.
- Who are the parties involved? The parties include the U.S. government (DHS), a Venezuelan migrant named Cristian, and a group of unaccompanied minor migrants who filed a class-action lawsuit.
- What is the 1798 Alien and Sedition Acts law? This law, typically used during wartime, has been applied by the Trump administration to expel migrants accused of gang membership. Critics argue that many expelled individuals are not actual gang members but are targeted based on tattoos.
- What is the current status of mass expulsions to El Salvador? Although the Supreme Court temporarily halted expulsions under this law, the Trump administration has not yet complied with orders to facilitate the return of expelled migrants.
