In a dramatic escalation of judicial interference in immigration policy, U.S. District Judge Stephanie Gallagher has ordered the Trump administration to bring back a deported Venezuelan national—currently imprisoned in El Salvador’s notorious CECOT mega-prison—arguing his removal violated a 2024 court settlement agreement.
The order, issued late last night, has sparked outrage among immigration enforcement advocates and constitutional scholars who see it as a direct usurpation of the executive branch’s constitutional authority to control national borders and protect public safety.
Judge Gallagher vs. Presidential Authority
Judge Gallagher, ironically a Trump appointee, ruled that the deportation of the individual—referred to in court records only as “Cristian”—violated the terms of a 2019 class-action settlement concerning asylum procedures for unaccompanied minors. According to Gallagher, “Cristian” was entitled to due process in the United States before removal.
In her ruling, she wrote, “Like Judge 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.”
Gallagher also barred the removal of any other individuals covered by the settlement, accusing the administration of a “breach of contract”—language that equates enforcement of federal immigration law with civil liability.
Trump Admin Fires Back: ‘Cristian’ Was a Convicted Felon, Removed Under National Security Statute
The Trump administration is fiercely rejecting Gallagher’s premise. Officials say Cristian, a 20-year-old Venezuelan national, forfeited all protections under the settlement after his felony conviction and subsequent classification under the Alien Enemies Act (AEA).
“On January 6, 2025, [Cristian] was convicted in the 482nd District Court at Harris County, Texas for the offense of possession of cocaine, a Texas state jail felony,” stated Robert Cerna, Acting Field Office Director for ICE’s Enforcement and Removal Operations.
The administration further cited Presidential Proclamation 10,903, a measure enacted under the AEA, which authorizes the removal of foreign nationals from specific hostile regions or organizations deemed a threat to national security. Cristian, they allege, is affiliated with TdA, a transnational organization subject to the proclamation.
According to Cerna, Cristian was deported on March 15, 2025, to El Salvador and is now housed inside the Centro de Confinamiento del Terrorismo (CECOT)—El Salvador’s high-security prison known for detaining members of violent gangs like MS-13.
National Security vs. Judicial Overreach
Critics of the ruling say Judge Gallagher’s decision poses a dangerous precedent: courts effectively overriding presidential authority on national security matters involving foreign nationals with criminal records. Gallagher’s interpretation of the 2024 settlement agreement, they argue, could weaponize civil settlements to paralyze immigration enforcement, even in cases involving narcotics trafficking or gang affiliation.
“What we are witnessing is the dangerous encroachment of judicial activism into sovereign executive powers,” said one Trump administration official under condition of anonymity. “This is a national security matter, and judges are now opening the door to court-ordered reentry of known criminals.”
Implications for Immigration Enforcement
The implications of this ruling could be severe. If upheld, it may force ICE and the Department of Homeland Security to re-admit convicted foreign criminals, embolden legal challenges to deportations, and potentially nullify key components of the AEA—a law that dates back to 1798 and grants sweeping powers during times of national threat.
Constitutional experts warn this could set off a legal firestorm, especially as the Trump administration continues to rely on longstanding executive powers to restore border security and crack down on criminal aliens.
The Bigger Battle: 2025 and the Future of Border Control
This decision comes at a time of mounting tension between the Trump administration and federal courts over the extent of executive power in immigration. As Trump pushes forward with mass deportation operations and border security measures, federal judges are increasingly challenging the White House’s authority.
Judge Gallagher’s ruling isn’t just about one deportation—it’s a flashpoint in the broader war between constitutional order and activist jurisprudence. With potential appeals looming, the final word on “Cristian” may rest with higher courts. But for now, Gallagher has made her message clear: even convicted foreign felons may find a sympathetic ear in federal courtrooms—no matter what the President says.
