2 months ago
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US District Judge James Boasberg on Wednesday found probable cause to hold the Trump administration in contempt for disobeying his order to halt deportations under the Alien Enemies Act, including a directive to turn around planes in the air.
Boasberg’s ruling gives the administration a final opportunity to comply, but warns that failure to do so will lead to specific officials who defied his March 15 order being identified and referred for prosecution, per The Hill.
“The Court ultimately determines that the Government’s actions on that day demonstrate a willful disregard for its Order, sufficient for the Court to conclude that probable cause exists to find the Government in criminal contempt,” Boasberg wrote. “The Court does not reach such conclusion lightly or hastily; indeed, it has given Defendants ample opportunity to rectify or explain their actions. None of their responses has been satisfactory.”
The administration has argued it lacks both the authority and the obligation to return individuals deported to El Salvador under the Alien Enemies Act. Boasberg rejected that reasoning, faulting officials for having “spirited out” over 100 Venezuelans amid ongoing legal challenges of the deportations.
“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 added.
Boasberg's order also allows the administration to “purge” its contempt by proposing options to remedy the violations against his order, The Hill noted.
“The most obvious way for Defendants to do so here is by asserting custody of the individuals who were removed in violation of the Court’s classwide TRO so that they might avail themselves of their right to challenge their removability through a habeas proceeding,” Boasberg wrote. “Per the terms of the TRO, the Government would not need to release any of those individuals, nor would it need to transport them back to the homeland. The Court will also give Defendants an opportunity to propose other methods of coming into compliance, which the Court will evaluate.”
English (US) ·