Judge finds possible contempt for Trump administration for violating deportation orders
WASHINGTON (AP) – A federal judge said Wednesday he found there might be reason to put the Trump administration in criminal temp court for violating his orders to reverse the deported aircraft to El Salvador.
U.S. District Court Judge James E. Boasberg said the government could return to the U.S. detainees by violating his orders so they could return to the U.S. custody of El Salvador prison.
If the Justice Department refuses to prosecute the matter, Boasberg said he will appoint another attorney to sue for contempt.
“The Constitution does not tolerate intentional disobedience of judicial orders, especially by officials of the coordination departments that take oath to maintain it,” Boasberg wrote.
This marks an escalation in the battle between the administration’s judiciary and executive branch in the president’s power to enforce key White House priorities. The Republican president called on Boasberg's impeachment, while the Justice Department accused the judge of going beyond his power.
Boasberg, nominated as federal judge by Democratic President Barack Obama, ordered the administration last month not to detain anyone in its custody under the Alien Enemies Act. Trump invoked the wartime law of 1798 for his claim to be an invasion of Venezuelan gang Tren de Alagua.
When Boasberg was told that there were already planes heading to El Salvador, who agreed to deport immigrants in the notorious prison, the judge said the plane needed to return to the United States. But a few hours later, El Salvadorian President Nayib Bukele announced that his deportation had arrived in his country. In a social media post, he said, “Oh… it's too late”, referring to Boasberg's orders.
The Trump administration believes it did not violate any orders, noting that the judge did not include the turnover directive in accordance with his written orders and said the plane had left the United States when it arrived.
The Supreme Court evacuated Boasberg's interim order earlier this month, which blocked the Foreign Enemy Act but said it would have to give immigrants a chance to strike with them before being deported. Conservative majority said legal challenges must occur in Texas, not in Washington court.
Boasberg wrote that even though the Supreme Court found his order “inflicted by legal obstacles”, “there was no violation of the government’s law.”
He wrote that the government's actions “betray the desire to exceed the fair scope of the judiciary.”
