A federal judge in Baltimore has authorized potential contempt proceedings against the Trump administration for failing to comply with a court order to bring back a deported Venezuelan migrant from El Salvador to the United States.
The judge’s decision came after a court hearing on the status and location of “Cristian,” a 20-year-old Venezuelan migrant who was deported to El Salvador in March.
The judge mentioned that there is a possibility of moving forward with sanctions or contempt proceedings against the Trump administration for not adhering to the court order but did not confirm the outcome.
Despite the recent changes in the case, the judge emphasized that efforts to bring Cristian back to the U.S. are ongoing, but the situation has evolved significantly.
In April, the judge ruled that Cristian’s deportation violated a settlement agreement between the Department of Homeland Security and a group of young asylum seekers. The agreement stated that members of the class should not be deported until their asylum claims are fully adjudicated in a U.S. court.
Cristian was recently deported from El Salvador back to Venezuela, which prompted his lawyers to consider holding the Trump administration in criminal contempt. The judge did not dismiss the possibility.
The judge’s previous ruling deemed Cristian’s removal a “breach of contract” under the settlement terms, ordering the administration to facilitate his return to the U.S.
However, it was confirmed during the hearing that Cristian, along with 251 other Venezuelan migrants, was deported back to Venezuela from CECOT in El Salvador. This action was part of a prisoner swap to secure the release of 10 Americans detained in Venezuela.
The decision to deport these individuals has sparked concerns from immigration advocates. The identity of the migrants deported to El Salvador in March remains undisclosed, raising questions about their legal status and potential court orders blocking their deportation.
Cristian’s lawyer criticized the administration for disregarding the court order and labeled his inclusion in the prisoner swap as a violation of the court’s ruling.
The Trump administration’s actions in this case have drawn scrutiny, with concerns about the lack of transparency and adherence to legal procedures throughout the deportation process. Late Friday, officials were notified about the situation involving Cristian. DeJong, representing Cristian, informed the court that the deportation to Venezuela seemed to have been planned for several weeks. This raised concerns that the Trump administration may have intentionally deported Cristian to a country where he fears persecution.
DeJong suggested that considering the history of violations in this case, criminal contempt should be considered. While Judge Gallagher did not dismiss this option, she emphasized that further investigation would be needed into the government’s actions before making a decision.
The court is still uncertain whether the Trump administration attempted to comply with the court’s order to bring Cristian back to the U.S. or if they even made a request to the government of El Salvador for his return.
The Justice Department tried to argue that the matter was no longer relevant, but Judge Gallagher disagreed. She demanded a more satisfactory response from the government. Cristian’s lawyers stated they would file sanctions-related measures within the next 10 days.
In the meantime, Judge Gallagher ordered the Trump administration to submit weekly reports on Cristian’s situation in Venezuela, starting this Friday. This case bears resemblance to the situation of Kilmar Abrego Garcia, who was wrongfully deported to El Salvador and later ordered to return to the U.S.
DeJong argued that Cristian was deliberately deported despite the court order, indicating that the government had prior knowledge of the situation. Gallagher’s refusal to lift the order requiring Cristian’s return was based on the need for due process, rather than the strength of his asylum claim.
The focus is on allowing Cristian to have a fair hearing as per the settlement with the Department of Homeland Security. It is not about the outcome of his asylum request but ensuring he receives the necessary legal process.
