Trump administration officials have been given until next week to explain why they did not turn around deportation flights carrying Venezuelan migrants, despite a federal judge’s order to do so.
U.S. District Judge James Boasberg is examining whether the Republican administration knowingly disregarded his March directive to divert two planes transporting Venezuelan migrants out of the United States.
As part of a renewed contempt inquiry, Boasberg has instructed Department of Homeland Security (DHS) Secretary Kristi Noem and other involved officials to submit sworn declarations by December 5 detailing how and why the flights were allowed to proceed.
Why It Matters
President Donald Trump invoked the Alien Enemies Act (AEA) to remove alleged Venezuelan gang members from the country.
On March 15 and 16, two planes carrying roughly 100 detainees were already en route when Boasberg issued both an oral and a written order directing that the flights be turned back and that the migrants remain in U.S. custody.
The planes ultimately landed in El Salvador, escalating tensions between the judicial and executive branches over how far the administration can go in enforcing its deportation agenda in the face of court oversight.
Boasberg has now revived a criminal contempt inquiry to determine whether DHS officials, including Noem, intentionally ignored his directive.
What To Know
Boasberg’s latest order requires the Trump administration to provide declarations from all officials involved in the decision not to recall the flights by December 5. After reviewing those statements, he will decide whether to summon witnesses to testify.
In his order, Boasberg wrote that he must determine whether Noem or any other official “should be referred for potential contempt prosecution.”
The court will consider three key questions: whether its directive to halt the flights was clear and specific, whether the order was in fact violated, and whether any violation was willful.
Boasberg had previously threatened contempt charges against the responsible officials, but an appeals court overturned that earlier decision. Judges on the same appeals court ruled on November 14 that the investigation itself could move forward.
According to Justice Department filings this week, Noem chose to proceed with the transfers of the Venezuelan detainees despite the court’s directive, relying on advice from DHS acting general counsel Joseph Mazzara.
The administration has argued that it was not required to comply with Boasberg’s oral instruction and that its actions were lawful and “consistent with a reasonable interpretation of the Court’s order.”
Justice Department lawyers also contended that, because the planes had left U.S. airspace, the migrants were no longer covered by the judge’s order.
What People Are Saying
In his written order, Boasberg reiterated that the court must “determine whether Secretary Noem or anyone else should be referred for potential contempt proceedings.”
He said the court must decide whether the order was “clear and reasonably specific,” whether it was violated, and whether any such violation was intentional.
Justice Department attorneys wrote in a filing that “the Government maintains that its actions did not violate the Court’s order — certainly not with the clarity required for criminal contempt — and no further proceedings are warranted.”
What Happens Next
DHS officials must file their declarations by December 5. After reviewing those submissions, Boasberg may call witnesses as part of the contempt inquiry.
The Trump administration is expected to continue defending its handling of the flights, with the president telling Fox News that his administration remains confident the Supreme Court will ultimately side with them.
