A federal judge has determined that there is probable cause to hold the Trump administration in criminal contempt due to its failure to adhere to a court order prohibiting the deportation of alleged members of Venezuelan gangs to a notorious prison in El Salvador.
“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,” stated Judge James Boasberg in a court opinion released on Wednesday.
Judge Boasberg emphasized that this ruling was not made lightly, noting, “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 been given one week to submit a declaration outlining its plan to address the contempt finding. Should the government choose not to comply, it must instead disclose the individuals responsible for the decision not to halt the deportation of the Venezuelans on March 15 and 16, despite the judge’s directives.
The White House has indicated intentions to pursue “immediate appellate relief,” as stated by Communications Director Steven Cheung on X. He conveyed that, “The President is 100% committed to ensuring that terrorists and criminal illegal migrants are no longer a threat to Americans and their communities across the country.”
This latest legal ruling represents a significant development in the ongoing challenges surrounding the Trump administration’s strategy to implement mass deportations of undocumented immigrants.
In a move last month, Trump invoked the 1798 wartime measure known as the Alien Enemies Act to deport a group of Venezuelans identified as alleged members of the gang Tren de Aragua.
Those five individuals, who deny any gang affiliation, promptly filed a lawsuit to contest their removal from the United States. During a subsequent hearing, Judge Boasberg learned that the government might have already begun deportation flights without initially disclosing this information. Following this, he issued a temporary restraining order to prevent the removals, instructing government officials to comply with the order, even if it required returning planes mid-flight.
“Despite the Court’s written Order and the oral command spelling out what was required for compliance, the Government did not stop the ongoing removal process,” noted Boasberg in his Wednesday opinion.
In response to these developments, the Trump administration sought recourse at the U.S. Supreme Court. Earlier this month, the court issued a 5-4 ruling that partially supported the administration’s usage of the Alien Enemies Act, while also ensuring that the Venezuelans would be afforded the opportunity to contest their deportations in court.
Judge Boasberg remarked that the Supreme Court’s decision effectively indicated that the Constitution prohibits the government from engaging in actions such as secretly loading individuals onto planes and rapidly deporting them without allowing them to assert their due-process rights.
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