Officials in the Trump administration could face criminal contempt charges for ignoring a US judge’s order that stopped the deportations of alleged Venezuelan gang members.
The judge said the government showed a “willful disregard” for his March 15 ruling, which stopped the deportations to El Salvador under the 1798 Alien Enemies Act.
Many lawyers and families of the migrants say those deported are not gang members and never had a chance to challenge the government’s claim that they were.
On Wednesday, US District Judge James Boasberg said there was enough reason to hold officials in contempt for not following his order.
This ruling is the closest any court has come to punishing the Trump administration since it returned to office in January. It also increases the conflict between the judicial and executive branches.
The U.S. Justice Department has appealed the decision to the D.C. Circuit Court of Appeals.
Boasberg said the administration could avoid contempt charges if it allowed the migrants to challenge their deportations in court.
He gave them until April 23 to explain how they plan to follow the ruling or to identify the officials who ignored the order so they can be prosecuted.
The judge also mentioned a tweet from Secretary of State Marco Rubio, where El Salvador’s President Nayib Bukele shared a news story about the judge’s order and said, “Oopsie…Too late.” Boasberg said this tweet suggested the officials had deliberately ignored the court’s order.
White House Communications Director Steven Cheung said the administration would seek an immediate appeal.
A Justice Department spokesperson called the judge’s actions a “power grab” and said they would fight it.
The Trump administration is facing over 150 legal challenges to its policies. Some legal experts say the government is ignoring court orders, which raises concerns about its willingness to defy the judicial branch.
In Maryland, U.S. District Judge Paula Xinis is investigating whether the administration violated another order to return a man, Kilmar Abrego Garcia, who was wrongfully deported to El Salvador.
The Justice Department has also appealed that ruling.
Boasberg’s order goes further. If the administration doesn’t fix the issue, he may require officials to give sworn statements or face questioning under oath. He could also assign a government prosecutor or appoint someone else to act as a prosecutor if the government refuses.
“This is a strong rebuke to the administration,” said Professor Jonathan Hafetz from Seton Hall University School of Law.
Trump has called for Boasberg’s impeachment for blocking the deportations, but U.S. Chief Justice John Roberts said disagreements with court orders should be handled by appeals, not impeachment.
The Trump administration has also targeted other independent institutions like universities and law firms.
The case is related to Trump’s use of the Alien Enemies Act, which was famously used during World War II to deport Japanese, German, and Italian Americans. Some were U.S. citizens.
Lawyers for the deported migrants said they haven’t been able to contact or find out what’s happened to their clients.
“Today’s decision shows the government’s actions are unlawful and a threat to our Constitution,” said Skye Perryman, president of Democracy Forward, a group representing the migrants.
It’s uncertain whether the threat of contempt charges will force the administration to follow the judge’s order, but usually, government officials comply when faced with such threats. However, the president has the power to pardon those convicted of criminal contempt.
In 2017, Trump pardoned Joe Arpaio, a former Arizona sheriff convicted of criminal contempt for ignoring a court order in a racial profiling case.