Judge Boasberg Thinks There’s ‘Fair Likelihood’ Trump Administration Violated Court Order With El Salvador Flights

Topline

Judge James Boasberg suggested Thursday he believes it’s likely the Trump administration defied his court order blocking deportation flights and acted in “bad faith” by sending Venezuelan migrants to El Salvador, as the judge considers whether to possibly move forward with holding Trump officials in contempt for proceeding with the flights.

Key Facts

Boasberg held a hearing Thursday to consider whether the Trump administration violated his court order barring it from deporting migrants under the Alien Enemies Act, which gives President Donald Trump broad authority to deport migrants from countries the U.S. is at war with.

The White House carried out deportation flights to El Salvador under the Alien Enemies Act, which landed after Boasberg’s order was issued—raising the possibility the Trump administration intentionally ignored his ruling blocking those flights—though the government maintains it acted legally, arguing the planes took off before Boasberg issued a ruling and the judge lost jurisdiction once the planes left U.S. airspace.

Boasberg said he thinks “there is a fair likelihood” the government’s argument is “not correct,” arguing at the hearing he thinks the Trump administration acted in “bad faith” by not turning flights around—though he still has not issued a final order on whether the government violated his ruling.

The judge accused Trump officials of intentionally “rushing to get [planes] out of the country before a judge could act,” asking the Justice Department’s attorneys why the government didn’t do the “prudent thing” of saying, “Let’s slow down here, let’s see what the judge says” and not sending out any flights to El Salvador before there was a court ruling.

Boasberg suggested he could hold the officials who decided not to turn the planes around in contempt, though it’s still unclear which specific officials could face any potential punishment.

Crucial Quote

“If you really believed everything you did that day was legal and would survive a court challenge, you wouldn’t have operated the way you did,” Boasberg told the government’s lawyers Thursday, pointing to the Trump administration’s apparent rush to get out flights before he ruled.

What To Watch For

Boasberg is now deliberating on whether or not there’s probable cause showing the Trump administration violated his order, saying Thursday he likely won’t issue a ruling until next week at the earliest.

What We Don’t Know

Who determined the deportation flights should keep going to El Salvador despite Boasberg’s ruling blocking them. DOJ attorney Drew Ensign told the court Thursday he did not know who ultimately decided the flights should continue to El Salvador, suggesting the judge should order declarations from Trump officials to figure it out if Boasberg finds the government violated his order. Boasberg has suggested he could also hold hearings to determine who may have made a decision to ignore his order.

What Punishments Could Trump Officials Face?

It’s still unclear what consequences Boasberg could levy on any Trump officials he holds in contempt for violating his ruling, though typical punishments for contempt include fines or prison time. Legal experts previously told Forbes it’s most likely the judge would hold any officials in civil contempt, which is designed to persuade people to comply with court orders. In that case, Boasberg would impose punishments that would go away once officials comply with his orders, like issuing escalating fines or imprisoning people until they comply. It’s unclear what compliance would mean in this situation: Boasberg asked the government Thursday what it could do to “purge” a contempt order, other than “the return of the individuals” sent to El Salvador, but the government did not have any suggestions. Boasberg could also hold people in criminal contempt, which means they’d be criminally charged as a punishment for defying the court’s orders, regardless of whether or not they decide later to comply. That strategy may be tough to impose on Trump aides, legal experts have suggested, as Trump could ultimately just pardon them.

Will Boasberg’s Ruling Be Overturned By The Supreme Court?

The Supreme Court is now weighing whether to throw out Boasberg’s order and allow the Trump administration’s deportation flights to resume, as the White House appealed the judge’s order to the high court after a federal appeals court ruled to keep Boasberg’s order in place. It’s unclear when the Supreme Court could rule, but a decision could be issued at any time, as the Trump administration and plaintiffs in the case have finished submitting briefs to the court.

Key Background

Boasberg ruled during a hearing March 15 that the Trump administration could not deport people under the Alien Enemies Act, hours after Trump issued an executive order invoking the law to justify deporting alleged members of Venezuela’s Tren de Aragua gang. The judge then entered a written order later that evening. Secretary of State Marco Rubio revealed the next morning that more than 200 alleged gang members had nevertheless been deported to El Salvador, sparking questions about whether the Trump administration violated Boasberg’s order. The case has become a flashpoint within the dozens of lawsuits challenging the Trump administration’s policies, as Democrats have suggested the Trump administration was violating the rule of law against a ruling it didn’t like. Trump and his allies have attacked Boasberg and called for the judge’s impeachment, claiming the judge is biased against Trump and doesn’t have the authority to overrule Trump on the Alien Enemies Act.

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