A federal judge allows contempt action after Trump administration fails to return deported migrant to the U.S.

Federal Judge Signals Possible Sanctions in High-Profile Deportation Case

In a pivotal hearing in Baltimore, U.S. District Judge Stephanie Gallagher has cleared the way for possible contempt proceedings against the Trump administration. The proceedings stem from the administration’s failure to comply with a court order mandating the return of a 20-year-old Venezuelan migrant, identified as Cristian, who was deported to El Salvador’s CECOT prison and subsequently sent to Venezuela.

The hearing centered on the shifting legal and logistical status of Cristian, whose deportation from the U.S. was one of the earliest under the Trump administration’s application of the Alien Enemies Act. In April, Judge Gallagher ruled that Cristian’s deportation violated a 2024 Department of Homeland Security settlement agreement, which protected young asylum seekers from removal until their claims were adjudicated by a U.S. court.

Despite the court’s order, Cristian was recently deported from CECOT to Venezuela, as part of a prisoner swap that also saw the release of 10 Americans detained in Venezuela. U.S. Secretary of State Marco Rubio confirmed the exchange, raising concerns among immigration advocates about the fate of hundreds of Venezuelan migrants swept up in the administration’s recent deportation campaign.

At Tuesday’s hearing, Judge Gallagher stated that the plaintiffs had presented a viable basis to seek sanctions or contempt. “I don't disagree that you have proffered a basis under which you could potentially seek some sort of sanctions or contempt,” she said, making clear she was not yet ruling on the motion itself. She emphasized the court was not “abandoning ship” in efforts to secure Cristian’s return and that procedural changes would not halt the pursuit of justice.

Cristian’s attorney, Kevin DeJong, accused the Trump administration of “blatant disregard” for the court’s order and described the inclusion of his client in the Venezuela swap as an “egregious violation.” DeJong suggested the government took “active, purposeful steps” to deport Cristian to the country he is seeking asylum from, without prior notice to the court or his legal team.

Justice Department lawyers argued that the matter was now moot, given Cristian’s return to Venezuela, but Judge Gallagher rejected that position. “No, that doesn’t comply with my order,” she said, insisting the government file weekly status reports on Cristian’s situation, starting Friday.

Implications for Asylum Seekers and Legal Compliance

The case highlights significant questions about the Trump administration’s compliance with federal court orders and the treatment of migrants under wartime immigration laws rarely invoked in U.S. history. The status of the other migrants deported alongside Cristian remains unclear, raising broader concerns about due process and the rights of asylum seekers facing removal.

The situation is reminiscent of previous high-profile cases, such as Kilmar Abrego Garcia, another migrant ordered returned to the U.S. after wrongful deportation. Both cases illustrate ongoing tension between the executive branch and the judiciary over immigration enforcement and legal accountability.

Judge Gallagher underscored that her orders are about process and legal rights, not the merits of individual asylum claims. She noted that “it is about allowing him due process under the law, and under the settlement struck with DHS.” The next steps may include further legal discovery and potential sanctions against the administration if evidence shows willful non-compliance.

As the Trump administration faces mounting scrutiny for its deportation practices, the outcome of Cristian’s case could set important precedent for future litigation involving asylum seekers and federal government obligations under settlement agreements.