Trump Administration May Face Contempt Over Deportation of Venezuelan Asylum Seeker

Federal attorneys representing a 20-year-old Venezuelan asylum seeker are seeking criminal contempt proceedings against the Trump administration for violating a court order that barred his deportation.

The asylum seeker, referred to in court documents as "Cristian," was deported in March to a maximum-security prison in El Salvador despite a binding court settlement protecting young migrants with pending asylum claims. Last week, he was sent back to his home country as part of a prisoner swap with Venezuela.

U.S. District Judge Stephanie Gallagher ruled in April that the deportation violated a 2023 settlement agreement and ordered federal officials to "facilitate" Cristian's return. However, the government failed to take meaningful steps to comply with the order, according to Cristian's attorney, Kevin DeJong.

"There have been recurring violations and just blatant disregard for the settlement agreement, the court's orders," DeJong said at a recent hearing reported by CNN. He plans to formally request criminal contempt proceedings within 10 days.

Cristian was among more than 250 Venezuelan migrants deported under the Alien Enemies Act—an 18th-century wartime law that the Trump administration invoked to expedite removals of individuals it accused, without public evidence, of gang affiliations.

Last Friday, Cristian was returned to Venezuela as part of a three-nation prisoner exchange. The deal secured the release of 10 Americans previously jailed in Venezuela. El Salvador released the Venezuelan detainees, including Cristian, in exchange for their repatriation. "He was a pawn in this prisoner exchange deal," DeJong said.

During the hearing, Gallagher also expressed skepticism that her original directive had been fulfilled, stating the issue of whether her order was obeyed remains relevant, even after Cristian's removal from El Salvador. Justice Department lawyer Ruth Ann Mueller countered that "should Cristian wish to return, the government is ready and able to facilitate that."

Earlier this year, the 4th U.S. Circuit Court of Appeals upheld Gallagher's order. In a concurring opinion, Judge Roger Gregory criticized the administration's conduct, stating:

"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 goalsIt is the duty of courts to stand as a bulwark against the political tides that seek to override constitutional protections and fundamental principles of law, even in the name of noble ends like public safety"