Trump holds a photo of Abrego Garcia's hand tattoos at the White House. (President Trump/Truth Social)
Gallagher stressed in her ruling that, unlike other court challenges to Trump's deportations under the Alien Enemies Act, this one centers on a "breach of contract" by the government.
Her ruling also alluded to the deportation of Abrego Garcia, an alleged MS-13 member living in Maryland who was deported to El Salvador last month. U.S. officials have resisted court orders to facilitate his return to the U.S.
In response to this, Gallagher specifically tasked the Trump administration in her ruling with "making a good faith request to the government of El Salvador and 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 USCIS."
The Trump administration, meanwhile, told the court it had determined that Cristian was eligible for removal under the Alien Enemies Act because he had been arrested and convicted for cocaine possession earlier this year.
They told the court that his designation as an "alien enemy pursuant to the AEA results in him ceasing to be a member" of the class that had negotiated a settlement.
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Inmates at the Counter-Terrorism Confinement Centre (CECOT) mega-prison, in Tecoluca, El Salvador on Jan. 27, 2025. (Marvin Recinos/AFP via Getty Images)
That agreement did not appear to hold water with Gallagher, who ordered the government not to remove any other members of the class until their asylum claims are properly adjudicated.
"Therefore, under the plain terms of the Settlement Agreement and fundamental tenets of contract law, removal from the United States of a Class Member, including but not limited to Cristian, without a final determination on the merits by USCIS on the Class Member’s pending asylum application violates the Settlement Agreement," Gallagher said.
She also granted a temporary restraining order to another member of the class, an 18-year-old referred to as Javier, whom counsel for the group said was in "imminent danger" of being deported earlier this month, as ABC reported.
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Gallagher agreed that Javier was covered by the settlement with the government and blocked his removal from the U.S.
Breanne Deppisch is a national politics reporter for Fox News Digital covering the Trump administration, with a focus on the Justice Department, FBI, and other national news.
https://www.foxnews.com/politics/trump-appointed-judge-orders-administration-return-second-deported-migrant