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The 4th U.S. Circuit Court of Appeals has recently made a decision regarding a federal judge’s order for the U.S. government to help a 20-year-old migrant return from El Salvador to the United States. This ruling came after a settlement in 2024 stated that a group of unaccompanied migrant minors should not be deported until their asylum applications are processed. The Trump administration argued that under the Alien Enemies Act, they had the right to deport suspected Venezuelan gang members who were seen as part of a migrant invasion or predatory incursion into the country.

The case involves a Venezuelan individual known as “Cristian,” whose return to the United States is being facilitated by the court order. U.S. District Judge Stephanie A. Gallagher instructed the government to make a formal request to El Salvador for Cristian’s release and transport back to the U.S. The majority opinion by 4th Circuit Judge DeAndrea Gist Benjamin emphasized the need for clear communication with the Salvadoran government, rather than relying on telepathy to coordinate Cristian’s return.

Judge Roger L. Gregory, in his concurrence, disputed the Trump administration’s interpretation of the Alien Enemies Act, arguing that the actions of the Venezuelan gang did not constitute an invasion under the law. He highlighted the distinction between military invasions and migrations, as defined in dictionaries and historical context. The different stances taken by the judges in this case reflect their diverse appointments by former presidents Biden, Bush, and Trump, showcasing the complexity of the legal system and its interpretations.