In 2019, a class action lawsuit was filed by immigrants who came to the U.S. as unaccompanied minors and sought asylum in order to have their applications processed while they stayed in the country. The government and the plaintiffs settled the case in 2024. But the Trump administration broke the agreement by sending one of the immigrants, known under the pseudonym “Cristian” in court records, to El Salvador last month as part of three deportation flights to the country.
“At bottom, this case, unlike other cases involving the government’s removal of individuals under the Alien Enemies Act, is a contractual dispute because of the Settlement Agreement,” the attorneys for the plaintiff said, referring to the eighteenth-century wartime authority Trump used to justify deporting noncitizens with little to no due process.
In her ruling, Gallager mentioned the case of Kilmar Abrego Garcia, whom the government mistakenly deported to El Salvador, saying that “like Judge [Paula] Xinis in the Abrego Garcia matter, this court will order Defendants to facilitate Cristian’s return to the United States so that he can receive the process he was entitled to under the parties’ binding Settlement Agreement.”