A federal judge in Maryland is asking the Trump administration to explain its position that diplomatic discussions with the government of El Salvador are required to facilitate the return of a Venezuelan man whose removal to El Salvador’s CECOT mega-prison violated a previous court settlement.
The request from U.S. District Judge Stephanie Gallagher comes after the government of El Salvador, in a report by the United Nations submitted in a separate lawsuit, said that the migrants sent by the U.S. to CECOT are under the authority of the United States.
The man, a 20-year-old Venezuelan identified in court records by the pseudonym “Cristian,” challenged his removal after he was sent to CECOT in mid-March following President Donald Trump’s invocation of the Alien Enemies Act. In April, Judge Gallagher ordered the Trump administration to facilitate Cristian’s return, and the 4th U.S. Circuit Court of Appeals upheld the order in May.
MORE: Migrants who were sent to CECOT are the responsibility of US, El Salvador tells UN
In a filing on Tuesday, Judge Gallagher said the administration has failed to heed her order.
“Defendants have repeatedly skirted this Court’s directive to provide information regarding the steps they have taken and will take to facilitate the return of Cristian to the United States,” the judge wrote. “Instead, Defendants have repeatedly made oblique references to their request of ‘assistance’ from the U.S. Department of State (DOS), which has ‘entered into negotiations to facilitate Cristian’s return’ and ‘assumed responsibility on behalf of the U.S. Government for … diplomatic discussions with El Salvador.'”
In a report submitted as part of a court filing on Monday, El Salvador officials said that migrants who were sent to CECOT under an arrangement between the U.S. and El Salvador were the responsibility of the United States — appearing to contradict the Trump administration’s assertion that it is unable to bring back any of the migrants because they’re under El Salvador’s authority.
“Assuming the Government of El Salvador provided truthful information to the UN, no ‘diplomatic discussions’ should be required here because El Salvador has no sovereign interest in Cristian’s continued confinement in that country,” Judge Gallagher said in her filing Tuesday.
Judge Gallagher, in her original order in April, referenced the case of wrongly deported Kilmar Abrego Garcia, and said 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.”
The Trump administration subsequently brought Abrego Garcia back to the U.S. to face federal human smuggling charges, to which he has pleaded not guilty.
