A US judge on Thursday said there is a “fair likelihood” that the Trump administration could be held in contempt for violating his March order to turn around two planes carrying alleged Venezuelan gang members to El Salvador, said local media.
On March 15, District of Columbia Federal Chief District Judge James Boasberg blocked the deportation flights of more than 200 alleged Tren de Aragua gang members who were detained under the Trump administration’s use of the 1798 Alien Enemies Act, a rarely used law.
The deported men had no chance to challenge allegations that they were gang members. Since the incident, multiple reports have emerged of people who were in the US legally, with no criminal charges against them and credible evidence they were not gang members, still being deported.
Boasberg said it was possible that the government “acted in bad faith” by not rerouting the planes to the US after his order, and instead, continued to El Salvador where the Venezuelan nationals were transferred to a supermax prison.
Justice Department attorney Drew Ensign argued that the government had complied with the court’s order, but the judge disagreed.
“There is a fair likelihood that that is not correct,” said Boasberg. “Why wouldn’t the prudent thing be to say, ‘let’s slow down here, see what the judge says. And if he doesn’t enjoin it we can go ahead, but better to be safe’.”
– CLAIM TRUMP HAD AUTHORITY DESPITE COURT ORDER
Boasberg then asked Ensign which members of the Trump administration ordered the planes to continue to El Salvador after the court had ordered the planes turned around. Ensign named two Department of Homeland Security officials and one State Department official as his points of contact, but said he did not know who directed the planes to continue their flights.
“I’m certainly interested in finding that out,” Boasberg said, adding that he’s likely going to move forward with contempt proceedings.
Justice Department lawyers argued that because Boasberg did not put his order demanding the planes to return to the US in writing, the government was not bound by it, and even if the order had been written, the president had the authority to keep the flights en route to their final destination, setting up a possible judicial-executive branch dispute.
Boasberg’s temporary restraining order pauses the deportation flights under the Alien Enemies Act, but the Trump administration is still allowed to detain alleged Tren de Aragua gang members until they can be given due process in court.
Boasberg has scheduled another hearing in the case for next Tuesday.
Because of the rift, Trump has called for the judge’s impeachment, evoking a rare statement from Supreme Court Chief Justice John Roberts defending judicial authority.