4th Circuit upholds ruling ordering Trump administration to return migrant deported in violation of DHS settlement.

Appeals Court Rebukes Deportation Amid Legal Settlement Breach

The U.S. Court of Appeals for the 4th Circuit delivered a sharp rebuke to the Trump administration this week, ordering the return of a 20-year-old Venezuelan migrant deported to El Salvador. The court upheld an earlier ruling by U.S. District Judge Stephanie Gallagher, finding that the removal of Daniel Lozano-Camargo violated a binding legal settlement with the Department of Homeland Security (DHS).

Lozano-Camargo, who entered the U.S. as an unaccompanied child and later sought asylum, was covered under a 2024 settlement agreement that barred DHS from deporting similarly situated migrants before their cases were fully adjudicated. Gallagher ruled in April that his removal constituted a breach of that agreement and ordered the government to facilitate his return.

Judicial Oversight Defends Due Process Rights

In a 2–1 opinion issued Monday night, the appellate court refused to grant the Justice Department’s request to halt the order. Writing for the majority, Judge DeAndrea Gist Benjamin stated, “As is becoming far too common, we are confronted again with the efforts of the Executive Branch to set aside the rule of law in pursuit of its goals.”

She emphasized the judiciary’s role in upholding constitutional protections and warned against erosion of judicial review. “The government’s breach denied Cristian the benefit of the bargain and the process he was due,” Benjamin wrote, referring to Lozano-Camargo by the name used in court filings.

Gallagher, a Trump appointee, had previously dismissed the government’s argument that Lozano-Camargo was eligible for removal under the Alien Enemies Act. Officials cited his conviction on cocaine possession and alleged gang affiliation, though they provided no evidence to support the terrorism claim. Gallagher reiterated that the case was not about the merits of his asylum claim but about the denial of due process guaranteed under law.

“We don’t skip to the end and say, ‘We all know how this is going to end, so we’ll just skip that part,’” she stated, reaffirming the legal principle that even those facing serious allegations are entitled to fair proceedings.

The 4th Circuit ruling leaves Gallagher’s decision intact and opens the door for a possible appeal to the U.S. Supreme Court. In the meantime, Gallagher has said she will issue an amended order establishing a timeline for Lozano-Camargo’s return.

The case adds to mounting legal challenges against the administration’s use of the Alien Enemies Act and its broader immigration enforcement strategies. It also underscores growing judicial scrutiny of executive actions that bypass court-established safeguards.

Whether the administration will pursue an appeal remains uncertain, but for now, the courts have made clear that procedural rights cannot be ignored—even in matters touching on immigration and national security.