To be sure, US District Judge James Boasberg has found sufficient probable cause to hold Trump administration officials in contempt. This is directly tied to their violation of a temporary injunction about how they’d use the Alien Enemies Act. This ruling comes soon after the administration announced its intent to deport alleged Venezuelan gang members. They were subsequently moved into Cecot prison, perhaps the most infamous facility in El Salvador’s notoriously violent prison system.
Environmental law represents a pronounced new front in the long-standing war between the court and the administration. He made it clear that the steps the administration took violated his earlier injunction. This injunction was a clear repudiation of the use of wartime powers under the Alien Enemies Act. This preliminary injunction was intended to keep any individuals from being ordered deported without due process.
As the case unfolded, Judge Boasberg cut the administration an enormous amount of slack, giving them chances to fix or justify their procedural lapses. The trouble was, according to him, none of the answers were good enough.
“The court does not reach such conclusion lightly or hastily; indeed, it has given defendants ample opportunity to rectify or explain their actions. None of their responses has been satisfactory.” – US District Judge James Boasberg
In his ruling, Boasberg sent a clear message. He warned of the possibility that he would refer the issue for criminal prosecution if the administration does not act to remove its contempt. This draconian penalty threat served as an unambiguous message as to how serious he considered the violations to be executed by the Trump officials.
The judge’s order explicitly requests the return of people sent to Cecot prison in El Salvador. This jail has a long, hard history of death and mistreatment of those incarcerated there. Countless others are surfacing human rights abuses faced by those deported under the Alien Enemies Act.
Critics especially decry its resort to wartime powers in expediting deportations. Boasberg’s decision reflects growing tensions as courts challenge the executive branch’s authority in matters of immigration and national security.
That legal fight is very much ongoing. We’re encouraged by the initial signs that the administration is responding to Boasberg’s order, but will they take up his call to make the changes Boasberg directed them to make going forward? If allowed to stand by the U.S. it might change the separation of powers between the branches of government, too.