Federal judge orders DHS to explain how teenage asylum seeker was deported to El Salvador after previously being returned to the U.S.
A federal judge has ordered the Department of Homeland Security to explain how a teenage asylum seeker was deported to El Salvador just weeks after the government returned him to the United States to pursue his asylum claim.
Migrant deported despite legal protections
The order came after attorneys for the migrant, identified as E.L.A., told the court he was deported on September 1 despite protections established under the long-running class-action case J.O.P. v. U.S. Department of Homeland Security.
E.L.A. was initially removed from the U.S. in March. The government confirmed in May that he was a member of a protected class of asylum seekers who entered the country as unaccompanied minors.
After his attorneys informed the government that E.L.A. wanted to return to pursue his asylum application, officials brought him back to the U.S. on August 7.
He was subsequently held in immigration detention in Louisiana while preparing for an asylum interview and psychological evaluation.
E.L.A.’s attorneys speak out
On September 1, E.L.A.’s attorneys learned a scheduled video appointment had been canceled because he was “no longer at this facility.”
His lawyers said they unsuccessfully attempted to determine his whereabouts before learning from family members that he had called relatives from El Salvador and reported he had been deported.
According to the filing, E.L.A. said officials told him he was being transferred to another detention center but instead collected his belongings and placed him on a flight to San Salvador.
“Defendants’ second unlawful removal of E.L.A. not only violates multiple court orders, but it also places him back in the country where he fears persecution,” his attorneys wrote.
Government lawyers acknowledged E.L.A. was removed and said Immigration and Customs Enforcement confirmed he had been listed on a flight manifest that landed in El Salvador that afternoon.
Justice Department attorneys said officials are “considering appropriate steps to rectify the communication errors that led to E.L.A.’s erroneous removal” and would update the court.
DHS in civil contempt
The dispute comes after Judge Stephanie Gallagher previously found DHS in civil contempt and imposed additional safeguards intended to prevent protected asylum seekers from being removed before their claims are decided.
Gallagher has now demanded detailed information about the decisions surrounding E.L.A.’s transfer and deportation, including who authorized the actions.
The court has not determined exactly how E.L.A. was removed for a second time or whether officials violated its directives.