In a fiery escalation of tension between the executive and judicial branches, U.S. District Judge James E. Boasberg ruled Wednesday that there is probable cause to hold the Trump administration in criminal contempt of court over its handling of deportation flights to El Salvador. The judge’s accusation: that officials willfully disobeyed a judicial order—and could now face prosecution for doing so.
Boasberg, who has become a lightning rod for criticism from Trump and his allies, says the administration violated a direct instruction not to deport migrants under the Alien Enemies Act, a centuries-old wartime law invoked by President Trump to fast-track the removal of individuals he described as national security threats, particularly from Venezuela and Central America.
At the heart of the conflict is a core constitutional question: how far can the president go in enforcing immigration and national security policy without being stopped by the courts?
According to Boasberg, the administration knew about his order halting deportations, yet allowed planes already in the air to complete their missions and drop off deportees in El Salvador, where they were taken directly to the CECOT mega-prison. The judge referred to the government’s actions as an attempt to “outrun the equitable reach of the Judiciary.”
Boasberg stopped short of naming which officials could be held in contempt but warned that unless the administration takes immediate corrective action—by reclaiming custody of the deportees—he may hold contempt hearings and even appoint a prosecutor if the DOJ declines to take up the case.
Notably, Boasberg clarified that the government does not have to return the deportees to the U.S., but must at minimum demonstrate that they are offering a legitimate chance to challenge their removal, in compliance with legal procedure.
👀 Boasberg says if administration won’t prosecute potential contempt, he’ll appoint a prosecutor who will. Boasberg said he’s skeptical of the administration’s invocation of state secrets privilege to deny him information. https://t.co/JEbMZ5HDOC pic.twitter.com/fW3lwo2evu
— Kyle Cheney (@kyledcheney) April 16, 2025
The Trump administration has announced plans to appeal, arguing that the judge’s verbal directive to turn planes around was not included in his written order, and that the aircraft had already departed U.S. airspace at the time the instruction was issued.
The matter now sits in a gray area, legally and politically, with the administration defiant and Boasberg unapologetic. “The Constitution does not tolerate willful disobedience of judicial orders,” the judge wrote.
This ruling follows closely on the heels of a related controversy involving Kilmar Abrego Garcia, a known MS-13 gang member deported under the same act. Despite a Supreme Court ruling requiring the administration to ‘facilitate’ his release from El Salvador, officials have taken no concrete action. Another federal judge may soon weigh contempt proceedings in that case as well.
Abrego Garcia’s deportation has ignited a firestorm in Washington, particularly after new documents confirmed his violent background. Despite this, Democrats like Sen. Chris Van Hollen have defended him and even attempted—unsuccessfully—to visit him in prison.
Boasberg’s ruling has deepened the ideological divide. The Trump White House fired back immediately, with Communications Director Steven Cheung declaring the president “100% committed to ensuring that terrorists and criminal illegal migrants are no longer a threat to Americans.” Trump himself has called for Boasberg’s impeachment, prompting a rare rebuke from Chief Justice John Roberts, who defended the independence of the judiciary.
At the same time, the Supreme Court recently vacated Boasberg’s original deportation freeze, affirming that deportation challenges must be heard in Texas, not Washington. Yet Boasberg insists that this procedural ruling does not absolve the administration from following judicial orders.
Adding to the defiance, Secretary of State Marco Rubio retweeted a celebratory post from El Salvador’s President Nayib Bukele, who had cheekily posted “Oopsie… too late” after receiving the deportees—further enraging Boasberg, who called the government’s actions “deliberate and gleeful.”
