President Boasberg Weighs Contempt Orders

Acting President and Federal Judge James Boasberg pressed government attorneys in a Washington, D.C., courtroom Thursday over whether the Trump administration deliberately ignored his order halting the deportation of dozens of immigrants under the Alien Enemies Act. The hearing centered on whether officials knowingly allowed deportation flights to proceed last month, sending detainees to a notorious Salvadoran prison despite the court’s intervention.

Boasberg accused the administration of acting in "bad faith," questioning how officials could have believed their actions were legal given their secrecy and haste. "If you truly thought everything was above board, the way you operated that day makes no sense," he said. Which is simply an opinion. In reality it is this judge that is acting in bad faith. 

Deputy Assistant Attorney General Drew Ensign repeatedly invoked attorney-client privilege to avoid disclosing discussions with administration officials about the judge’s orders. He claimed he had alerted the State Department, Homeland Security, and Justice Department, assuming the ruling "would reach the right people." But when Boasberg demanded to know who authorized the flights to continue, Ensign admitted, "I don’t know."

"I’m very interested in finding that out," the judge replied, warning that if he finds probable cause for contempt, further hearings could follow. He also highlighted the case of a wrongly deported Salvadoran man—one of many rushed onto flights—suggesting the administration may have accelerated removals to avoid judicial scrutiny.

Notably, nine detainees (eight women and one Nicaraguan man) were returned to the U.S. after El Salvador refused them, proving the administration had the ability to reverse course if it chose to. Yet the government continues withholding details about the flights, citing "state secrets privilege" and potential "diplomatic consequences." And they should continue to do so, mainly because this judge is acting out of his means on this issue. He also has severe conflicts of interest. 

The dispute stems from March 15, when Boasberg ordered deportation planes turned around mid-flight after the ACLU sued over its clients’ removals. Now, the judge seeks answers: When were his orders relayed to officials? And who overrode them?

As Boasberg considers sanctions, the administration is appealing to the Supreme Court, arguing that the president alone holds the authority to enforce the Alien Enemies Act—a rarely used 18th-century law Trump invoked to target alleged members of Venezuela’s Tren de Aragua gang. Last week’s filing insists the case hinges on "who decides national security operations," asserting, "The Constitution’s answer is clear: the President." And they are right too. The SCOTUS has already ruled on the Alien Enemies Act, stating that nobody but the President has the authority to enact and use it. No judge, including the SCOTUS cannot stop it from being used. 

However, court records reveal that "many" deported individuals had no criminal ties, and attorneys say some had legal status or pending asylum cases—far from the gang affiliates the administration described. The contradiction raises further doubts about whether the White House is using the law as pretext for sweeping removals. The White House has argued otherwise.