U.S. District Judge James Boasberg has ruled that there is probable cause to hold officials from the Trump administration in criminal contempt for violating his orders regarding deportation flights to El Salvador. This ruling, issued on April 16, 2025, stems from actions taken by the administration in mid-March when it invoked the rarely used Alien Enemies Act to deport alleged members of a Venezuelan gang.
On March 15, 2025, shortly after President Trump signed an executive order invoking the Alien Enemies Act, the government sent several planeloads of deportees to a maximum-security prison in El Salvador. The deportation occurred despite Boasberg's emergency order that instructed the administration to pause the removals and return any flights that were already in the air. Judge Boasberg's decision highlights a significant legal and political clash between the judiciary and the executive branch.
In his 46-page ruling, Boasberg stated, "The Constitution does not tolerate willful disobedience of judicial orders — especially by officials of a coordinate branch who have sworn an oath to uphold it." He emphasized that the government had demonstrated a willful disregard for his order, which he deemed sufficient to conclude that probable cause exists for contempt. The judge noted that he had given the defendants ample opportunity to rectify or explain their actions, but their responses were unsatisfactory.
The ruling comes amid a broader context of the Trump administration's aggressive immigration policies, particularly its historic deportation campaign targeting members of the Tren de Aragua gang. The administration's actions, including the secretive nature of the Alien Enemies Act invocation, have raised serious concerns about due process rights for the deportees.
Boasberg's ruling follows a recent Supreme Court decision that dissolved his restraining orders, stating that the migrants challenging the use of the Alien Enemies Act had filed their case in the wrong court. Nevertheless, Boasberg asserted that the government could still be held in contempt for disobeying his initial order, as the obligation to comply with judicial commands remains in effect until a higher court reverses them.
As part of the contempt proceedings, Boasberg has given the Trump administration until April 23, 2025, to either comply with his order or identify the officials responsible for the violations. If the administration fails to act, Boasberg indicated that he could appoint a special prosecutor to pursue the matter further. He expressed skepticism regarding the administration's invocation of state secrets privilege, which it used to shield information about the deportations from judicial scrutiny.
The legal ramifications of Boasberg's ruling could be significant, as criminal contempt can result in fines or even imprisonment for those found guilty. During the proceedings, Boasberg also mentioned that he would require sworn statements from individuals involved in the decision-making process regarding the deportations. Should those statements not satisfy him, he may call for live testimony.
Legal analysts have noted that holding federal officials in criminal contempt is exceedingly rare, with CNN legal analyst Steve Vladeck describing it as something that occurs "once in a blue moon." The implications of Boasberg's ruling extend beyond the immediate case, as it tests the limits of executive power and the judiciary's role in overseeing immigration enforcement.
In response to the ruling, Skye Perryman, an attorney with Democracy Forward, stated, "Today's decision affirms what we have long known: the government's conduct in this case is unlawful and a threat to people and our constitution." This sentiment reflects broader concerns about the administration's approach to immigration and the potential erosion of legal protections for vulnerable populations.
As the situation unfolds, the Trump administration faces increasing pressure to address the court's findings. Boasberg's order signals a critical juncture in the ongoing legal battles over immigration policy and the balance of power between the branches of government. The administration's next steps will be closely watched, as they could set a precedent for how executive actions are held accountable in the future.
In conclusion, Judge Boasberg's ruling represents a significant moment in the ongoing struggle over immigration enforcement in the United States. The court's insistence on adherence to judicial orders underscores the importance of due process and the rule of law, even amid the complexities of national security and executive authority.