Trump administration officials who disregarded a US judge’s order halting the deportations of suspected Venezuelan gang members may be charged with criminal contempt.
According to the judge, the government disregarded his March 15 decision, which halted the deportations to El Salvador under the 1798 Alien Enemies Act, with “willful disregard.”
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.
US District Judge James Boasberg stated on Wednesday that those who disobeyed his order had good justification to be held in contempt.
Since the Trump administration took office again in January, this decision is the closest any court has come to penalizing it. It also increases the conflict between the judicial and executive branches.
The ruling has been challenged to the D.C. Circuit Court of Appeals by the U.S. Justice Department.
According to Boasberg, if the government permitted the migrants to contest their deportations in court, it may avoid being charged with contempt.
He gave them until April 23 to either identify the officials who disregarded the order so they could face legal action or explain how they intend to comply with the ruling.
The judge also brought up a tweet from Secretary of State Marco Rubio in which President Nayib Bukele of El Salvador posted a news article regarding the judge’s ruling and remarked, “Oopsie. It’s too late. According to Boasberg, this tweet implied that the authorities had willfully disregarded the court’s directive.
The administration will file an appeal immediately, according to White House Communications Director Steven Cheung.
A spokesman for the Justice Department declared that they would challenge the judge’s actions, calling them a “power grab.”
More than 150 lawsuits have been filed against the Trump administration over its policies. The government’s disregard for court orders, according to some legal experts, raises questions about its desire to subvert 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.
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