
A federal judge has found “probable cause” to hold Trump administration officials in criminal contempt after deportation flights to El Salvador continued despite judicial orders to halt them.
Quick Takes
- Judge James Boasberg has initiated criminal contempt proceedings against Trump officials for ignoring court orders to stop deportation flights to El Salvador
- The administration used the 1798 Alien Enemies Act to justify deportations of over 200 Venezuelans to El Salvador
- The White House denies violating any lawful court order and plans to seek immediate appellate relief
- President Trump criticized Judge Boasberg on social media, calling for his impeachment
- Officials have until April 23 to explain their actions and comply with the original order to avoid further contempt charges
Judge Finds “Probable Cause” for Criminal Contempt
U.S. District Judge James Boasberg has determined there is probable cause to hold Trump administration officials in criminal contempt for defying court orders to halt deportation flights to El Salvador. The judge had issued a temporary restraining order followed by a 14-day halt on deportations, but flights carrying Venezuelan migrants continued despite these judicial mandates. Boasberg emphasized that the administration’s actions represented a “willful disregard” for his orders issued under the legal framework of the Alien Enemies Act of 1798, which the administration has been using to justify mass deportations.
“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,” wrote Judge Boasberg in his finding.
A federal judge has determined there is probable cause to hold Trump administration officials in criminal contempt for defying orders to halt deportations under the Alien Enemies Act.https://t.co/xVK42TBHVe
— BakersfieldNow (@bakersfieldnow) April 17, 2025
Administration’s Defense and Legal Strategy
The White House has mounted a vigorous defense, claiming they did not violate any lawful court order. Press Secretary Karoline Leavitt stated flatly: “The administration did not ‘refuse to comply’ with a court order.” The administration is planning to appeal Boasberg’s decision, seeking immediate review from a higher court. White House Communications Director Steven Cheung announced, “We plan to seek immediate appellate relief,” while affirming the administration’s commitment to removing what they describe as dangerous individuals from the country.
“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,” stated Steven Cheung.
Administration officials could avoid the contempt charges if they explain their actions and comply with the original order by April 23. The Supreme Court had previously ruled that President Trump could use the Alien Enemies Act for deportations, but Boasberg contends this does not excuse the violation of his specific orders in this case.
Deportation Agreement with El Salvador
The deportation program at the center of the dispute involves an agreement between the United States and El Salvador. Over 200 Venezuelans, accused by the administration of being gang members, were deported to El Salvador under an arrangement where El Salvador agreed to accept the deportees in exchange for $6 million. President Trump has expressed interest in sending more deportation flights following a meeting with El Salvador’s President Nayib Bukele.
“Allowing officials to ‘freely annul’ court orders would make a ‘solemn mockery of the Constitution itself,'” Judge Boasberg wrote in his finding.
Boasberg highlighted a social media post retweeted by Secretary of State Marco Rubio, in which El Salvador’s president wrote “Oopsie… Too late 😂” above a news headline about the court’s order to return deportees to the United States. The judge cited this as evidence of the administration’s dismissive attitude toward judicial authority.
Oopsie…
Too late 😂 pic.twitter.com/nDHL6deLJq
— Nayib Bukele (@nayibbukele) March 16, 2025
Potential Consequences and Precedent
If the government fails to comply with Boasberg’s demands, the judge may recommend criminal prosecution, though it remains unclear who specifically would be charged. The Department of Justice typically handles federal prosecutions, creating an unusual situation where they would potentially need to charge their own administration officials. Alternatively, Boasberg could appoint a private attorney to prosecute if the DOJ declines, though this approach is rare and could face substantial legal challenges.
“In my experience as a lawyer over the last 30 years, even the hint of being held in contempt by a judge is ordinarily enough in order to cause litigants to correct their behavior,” noted legal expert Mitchell Epner.
The case represents a significant test of the judiciary’s authority and could eventually reach the Supreme Court, which has previously overturned one of Boasberg’s orders on jurisdictional grounds. Additionally, Judge Paula Xinis has separately ordered the return of another deportee mistakenly sent to a Salvadoran prison, indicating broader judicial concern about the administration’s deportation policies and respect for court orders.
Sources:
- US judge says he could hold Trump administration in contempt of court
- Here’s what happens if Judge Boasberg holds Trump administration in contempt over El Salvador deportations – CBS News
- Judge Opens Criminal Contempt Proceedings Against Trump Officials | HuffPost Latest News