Lawyers representing a 20-year-old Venezuelan asylum seeker who was wrongfully deported earlier this year are preparing to ask a federal judge to initiate criminal contempt proceedings against the Trump administration for serious violations of court orders. The case revolves around the individual, referred to as “Cristian” in legal documents, who faced deportation under the Alien Enemies Act—a World War-era law invoked by former President Trump to hasten the removal of certain migrants.
Earlier this year, a federal judge in Baltimore, Stephanie Gallagher, determined that Cristian’s deportation was unlawful, violating a settlement that protects young migrants with pending asylum claims. Cristian’s legal representatives claim that the government showed a blatant disregard for the court’s orders by failing to facilitate his return, a situation that escalated when Cristian was later deported to a dangerous prison in El Salvador before being returned to Venezuela as part of a prisoner exchange.
Cristian’s attorney, Kevin DeJong, asserted during a recent court hearing that Cristian became merely a bargaining chip in a prisoner swap involving ten U.S. nationals, stating, “He was a pawn in this prisoner exchange deal.” He emphasized that the government’s repeated violations necessitate consideration of criminal contempt proceedings, which they plan to formally request in the next ten days.
Judge Gallagher noted the attorney’s concerns and acknowledged the basis for potential sanctions. While the fact-finding process to assess the government’s compliance with her previous orders was paused given Cristian’s current location, Gallagher affirmed that the questions surrounding the adherence to her directives remain relevant.
In a similar case, Kilmar Abrego Garcia, also an asylum seeker from Maryland, was deported and subsequently addressed by a different judge who issued a directive for his return. Garcia’s legal team is pursuing sanctions against the government for their alleged non-compliance, mirroring the challenges faced by Cristian.
The government’s attorney defended the administration’s actions, asserting that any obstacles preventing Cristian from returning to the U.S. were being addressed and that arrangements could be made should Cristian wish to return.
This ongoing legal battle highlights the complexities and often damaging repercussions of immigration policies and practices. It is a reminder of the larger issues surrounding asylum seekers and the obligations of governments to adhere to legal protections afforded to them. Legal experts emphasize the importance of these cases as they seek to ensure that justice and legal rights are upheld for vulnerable individuals affected by immigration policies.