Baltimore, Maryland
On Tuesday, a federal judge declined to change a ruling that mandates the Trump administration to return a 20-year-old Venezuelan asylum seeker back to El Salvador, emphasizing the importance of due process protections.
During a hearing in Baltimore, U.S. District Judge Stephanie Gallagher, appointed by Trump, dismissed the government’s request to modify her earlier ruling that required the government to repatriate Daniel Rozano Camargo to El Salvador.
Despite this, she consented to suspend the 48-hour order, allowing the government some time to appeal to the Fourth Circuit.
If the court does not agree, Gallagher mentioned she would establish a formal timeline for Camargo’s return to the U.S.
The judge expressed that her decision aims to balance enabling the government to appeal while also protecting legitimate legal proceedings in U.S. courts.
Camargo, previously referred to as “Christian” in legal documents, was deported to El Salvador in March amidst early actions taken by the Trump administration against certain immigrants.
In April, Gallagher declared that the government had violated a 2024 settlement involving the Department of Homeland Security (DHS) and a group of young asylum seekers, which included Camargo. According to the agreement, the DHS was not to deport immigrants who arrived in the United States as unaccompanied minors until their legal proceedings were completed.
Last month, Gallagher ordered that the U.S. government facilitate Camargo’s release, stating that his deportation constituted a “breach of contract” since his asylum request had yet to be evaluated.
On Tuesday, Gallagher reiterated her prior ruling, considering Camargo’s minor criminal record, which involved low-level drug charges, as irrelevant to the strength of his asylum claim. She pointed out that the focus should remain on the legal process being undertaken.
She emphasized that the settlement agreement necessitates his presence for a hearing.
In a related issue, Gallagher mentioned that Camargo’s legal team must be able to contest his case in court, asserting that removing him without a ruling would preemptively decide his outcome.
The Trump administration contended in court that Camargo should be removed in accordance with laws concerning “alien enemies.” On Monday, a lawyer representing the administration argued that his classification as an “AEA-based alien enemy” disqualified him from being part of the group that ratified the settlement.
During a status hearing on Tuesday, Gallagher clarified that her ruling was motivated purely by the need to protect due process. She remarked that the government was assessing the situation incorrectly, as this case isn’t solely about whether Camargo will receive asylum but rather about the procedural rights involved.
She stated that, even if the outcome of a specific case seems apparent, individuals are entitled to a trial under U.S. law.
Gallagher noted that the Trump administration has until Thursday afternoon to file an appeal with the Fourth Circuit if they decide to pursue that route.
