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4th Circuit upholds order to return migrant deported under Alien Enemies Act

In a recent decision by a U.S. appeals court, the Trump administration was ordered to comply with a lower court judge’s order to return a 20-year-old Venezuelan migrant deported from the U.S. to El Salvador in March. This ruling marks another setback in legal battles over the administration’s use of the Alien Enemies Act.

The 2-1 decision from the 4th Circuit upheld U.S. District Judge Stephanie Gallagher’s earlier ruling that Daniel Lozano-Camargo, also known as “Cristian,” must be allowed back into the country. Gallagher, a Trump appointee, found that Lozano-Camargo’s removal violated an agreement that the Department of Homeland Security had made with a group of migrants who entered the U.S. illegally as children and later sought asylum. The agreement stated that these individuals would not be deported until their asylum cases were fully adjudicated in court.

The decision has paved the way for the Trump administration to potentially appeal the case to the Supreme Court. In the meantime, Judge Gallagher has indicated that she will amend her ruling to set a formal timeline for the government to return the 20-year-old migrant to the U.S.

The Justice Department had appealed the case to the 4th Circuit, but the majority opinion rejected its request. Judge DeAndrea Gist Benjamin, writing for the majority, emphasized the importance of the courts in preventing any degradation of effective judicial review by the executive branch. The judges highlighted their duty to uphold constitutional protections and fundamental principles of law, even in the name of public safety.

Gallagher’s ruling in April found that the government had breached a 2024 settlement with a group of young asylum seekers, including Lozano-Camargo. The settlement had stipulated that these individuals should not be deported until their cases were fully heard in court. Despite arguments from the Trump administration that Lozano-Camargo was eligible for removal under the Alien Enemies Act due to his criminal record, Gallagher emphasized that the issue at hand was a matter of due process.

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The judges of the appellate court echoed this sentiment, emphasizing that the government’s breach denied Lozano-Camargo the process he was due. They underscored the importance of ensuring that individuals are afforded their rights under U.S. law, regardless of the perceived strength of their asylum claims.

It remains to be seen whether the Trump administration will appeal the case to the Supreme Court. The courts have a vital role in upholding the rule of law and ensuring that individuals receive fair treatment under the law. The decision in this case serves as a reminder of the importance of due process and the protection of constitutional rights for all individuals, including migrants seeking asylum in the United States.

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