Judge Holds DHS in Contempt for Illegal Deportation of Asylum Seeker
Judge Gallagher holds DHS, ICE, and USCIS in contempt for deporting an asylum seeker against court orders.
Why it matters: The ruling signals significant legal risks for agencies violating immigration enforcement mandates and highlights compliance challenges for legal teams advising on immigration policy enforcement.
- On March 15, 2024, Judge Stephanie A. Gallagher found DHS, ICE, and USCIS in civil contempt for deporting an asylum seeker to El Salvador, violating three court orders and a 2024 class action settlement protecting unaccompanied minors in <a href="https://www.courtlistener.com/docket/6652742/24/rodriguez-v-uscis/" target="_blank" rel="noopener">Rodriguez v. USCIS</a>.
- The court ordered the government to return the asylum seeker to the U.S. immediately.
- Over 50 unaccompanied minors were deported in violation of the settlement and court directives, despite agency knowledge of widespread noncompliance.
- A 2023 contempt finding by Judge James E. Boasberg involving DHS deportation flights was partially vacated by the D.C. Circuit in January 2024 (<a href="https://www.cadc.uscourts.gov/internet/opinions.nsf/" target="_blank" rel="noopener">Boasberg ruling</a>).
On March 15, 2024, U.S. District Judge Stephanie A. Gallagher held the Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE), and U.S. Citizenship and Immigration Services (USCIS) in civil contempt for deporting an asylum seeker to El Salvador in defiance of three distinct court orders.
The judgment arose in Rodriguez v. USCIS, a 2024 class action ensuring protections for unaccompanied minors against unauthorized deportations. Judge Gallagher directed the government to return the deported individual immediately.
The ruling emphasized that DHS and related agencies continued the deportations even after internal reviews uncovered over 50 similar violations involving unaccompanied children, representing systemic noncompliance with the settlement and court mandates.
This contempt order follows a 2023 finding by U.S. District Judge James E. Boasberg in a related case targeting DHS for illegal deportation flights toward individuals accused of gang affiliations. However, the U.S. Court of Appeals for the D.C. Circuit vacated portions of that ruling earlier this year (Boasberg ruling).
Michelle Mendez, Senior Attorney at the National Immigration Project, condemned DHS’s repeated disregard for court orders, saying the agency "systematically ignored clear judicial mandates, undermining both legal standards and human rights protections."
Legal professionals should monitor this ongoing judicial enforcement as it underscores increasing scrutiny on immigration agencies and signals potential liabilities arising from noncompliance with court orders and class action settlements.
By the numbers:
- 50+ — unaccompanied minors deported illegally despite court orders.
- March 15, 2024 — date of Judge Gallagher's contempt ruling.
- 2024 — year of the class action settlement protecting minors
Yes, but: The D.C. Circuit’s 2024 partial vacatur of the 2023 contempt ruling reveals judicial complexities and limits on enforcing immigration enforcement accountability.
What's next: Further compliance monitoring and potential government appeals in Rodriguez v. USCIS may follow as agencies respond to the court’s orders.