A federal appeals court has upheld a significant ruling that mandates the Trump administration to seek the return of Daniel Lozano-Camargo, a Venezuelan man who was deported in March to a prison in El Salvador. This decision, made by the 4th Circuit Court of Appeals, was a result of a 2-1 vote on Monday, denying the administration's request to block an earlier order issued by a federal judge in Maryland. This ruling concluded that Lozano-Camargo's deportation violated a legal settlement pertaining to asylum seekers who entered the United States as minors.
On March 15, the Trump administration deported Lozano-Camargo to El Salvador as part of a larger operation that involved multiple flights carrying deportees. This action occurred shortly after President Donald Trump invoked the Alien Enemies Act, a wartime provision designed to expedite the deportation of Venezuelan immigrants identified by U.S. authorities as being associated with the gang Tren de Aragua. Lozano-Camargo was one of approximately 130 Venezuelans deported during this operation, which has drawn significant scrutiny.
Last month, U.S. District Judge Stephanie Gallagher, a Trump appointee, ordered the administration to facilitate Lozano-Camargo’s return to the United States, asserting that his deportation breached the 2024 settlement, which required him to be provided with due process. The Justice Department, however, argued that Gallagher's ruling infringed upon executive branch authority by instructing U.S. officials to negotiate with Salvadoran counterparts for Lozano-Camargo's release.
Judge DeAndrea Benjamin, a Biden appointee, wrote for the majority in the appeals court, emphasizing that the government must communicate its request for Lozano-Camargo's return explicitly to the Salvadoran government. In contrast, Judge Julius Richardson, a Trump appointee, dissented, stating that district courts should not direct diplomatic negotiations to the executive branch, indicating that such matters are too complex for judicial intervention.
This ruling marks the second instance where the 4th Circuit has upheld lower-court orders requiring the Trump administration to facilitate the return of immigrants wrongfully sent to El Salvador. A similar case involving Kilmar Abrego Garcia has gained international attention, highlighting the administration's resistance to returning individuals despite acknowledging their deportations violated previous court orders. While Lozano-Camargo's case has received less media coverage, it shares essential similarities with Abrego Garcia's situation.
Judge Richardson noted that the order regarding Lozano-Camargo's case extends beyond previous rulings in Abrego Garcia's case; however, Judges Benjamin and Roger Gregory, the third member of the panel, disagreed with this assessment. Judge Gregory criticized Trump's justification for invoking the Alien Enemies Act, asserting that Tren de Aragua's actions do not constitute an invasion or predatory incursion as defined by the Act's language. He emphasized that the President cannot declare legal conclusions about invasions without substantial evidence.
The Trump administration may consider requesting that the full bench of the 4th Circuit review the issue or appeal the decision to the Supreme Court. Meanwhile, representatives from the Homeland Security and Justice Departments have not yet responded to inquiries regarding this ruling.
Lawyers representing Lozano-Camargo and various immigrant advocacy groups welcomed the appeals court's decision. They expressed their commitment to holding the government accountable for the promises made in the settlement agreement, which is crucial for thousands of vulnerable young individuals. The attorneys remain hopeful that the appeals court will uphold the rights of Lozano-Camargo and other class members to pursue their asylum claims safely within the United States.
