US District Court Judge James Boasberg has issued an order stating that he has found probable cause to hold members of the Trump administration in criminal contempt for their failure to comply with his earlier directive to halt deportation flights to El Salvador.
The judge’s order stems from his March 15 ruling in which he issued a temporary restraining order blocking the removal of at least 261 individuals alleged to be members of the Tren de Aragua gang.
The deportations were being carried out under the Alien Enemies Act, which allows for the removal of foreign nationals deemed a threat during times of conflict.
Boasberg said Trump officials did not follow his order to turn flights around and return deportees who were already en route or had been removed in violation of the restraining order.
The White House said it will appeal the judge’s decision.
No timeline has yet been announced for the appeal or any potential hearings on the contempt finding.
The judge wrote: At this point in the contempt inquiry, however ,the information at issue is not necessary to proceed, so the Court will not resolve whether the invocation is warranted. Reynolds 345 U.S. at 11 (“necessity” of information “determine[s] how far the court should probe in satisfying itself that the occasion for invoking the pivilege is appropriate”). But if the information turns out to be necessary later in these proceedings. the Court may revisit the invocation,” Boasberg wrote.
“For the foregoing reasons, the Court will find probable cause that Defendants‘ actions constitute contempt. It will provide them an opportunity to purge such contempt. If they opt not to do so, the Court will proceed to identify the contemnor(s) and refer the matter for prosecution. A separate Order so stating will be issued this day,” he concluded.
