In a significant escalation of tensions between the judiciary and the executive branch, U.S. District Judge James Boasberg has found probable cause to hold the Trump administration in criminal contempt for defying a court order to halt deportation flights to El Salvador. The administration proceeded with the deportations, including that of Maryland resident Kilmar Abrego Garcia, despite Boasberg’s explicit directive to return the planes mid-flight.
Judge Boasberg’s order aimed to prevent the deportation of individuals under the Alien Enemies Act, a rarely invoked 1798 law. The administration’s decision to continue with the deportations has prompted Boasberg to consider appointing a special prosecutor to pursue contempt charges if the Department of Justice fails to act. The administration contends that the judge’s verbal order lacked legal force, arguing that the flights were already in international airspace when the directive was issued.
The case of Kilmar Abrego Garcia has drawn particular attention. Garcia, a legally protected U.S. resident from Maryland, was deported to El Salvador due to what the administration initially described as an “administrative error.” Despite a Supreme Court ruling mandating his return, both the U.S. and Salvadoran governments have refrained from facilitating his repatriation. Garcia’s lawyers assert that he has no criminal record and was wrongfully associated with gang activity based on unsubstantiated claims.
Senator Chris Van Hollen of Maryland traveled to El Salvador in an attempt to visit Garcia but was denied access by Salvadoran authorities. Van Hollen criticized the administration’s actions, labeling them a constitutional crisis and vowing to continue efforts to secure Garcia’s release.
The administration’s use of the Alien Enemies Act to justify mass deportations has sparked widespread criticism. Legal experts warn that continued defiance of court orders could lead to a constitutional crisis, highlighting the delicate balance between national security concerns and the rule of law.
Source Links:
- AP News
- Reuters
- The Guardian
- Newsweek
- CBS News
- Wikipedia – James Boasberg
- Wikipedia – Deportation in the second presidency of Donald Trump
- Wikipedia – Immigration policy of the second Donald Trump administration
- Wikipedia – J.G.G. v. Trump
- Vanity Fair
- YouTube Video
