A federal judge has ordered the Trump administration to appear in contempt of court. Animated by a litigious deportation case of Venezuelan nationals settled by the Supreme Court, the administration has invoked the Alien Enemies Act. The purpose of this decision is to deport people who supposedly have ties to the gang Tren de Aragua. Tensions were running high as Judge James Boasberg ruled. The administration’s response to the pandemic has garnered a huge amount of legal firepower.
The deportation of the Venezuelans took place in blatant violation of a federal court order banning the removal of the Venezuelans from the United States. Judge Boasberg found that the administration had sufficient probable cause to hold them accountable. He pointed out that they defied this order. He noted that some of the flights carrying Venezuelans may have already departed. Even with all those individuals present—including then U.S.
The administration’s actions prompted immediate legal responses. Five of the Venezuelans, who claim they are not members of gangs, hurried to file a federal lawsuit to prevent their deportation. The suit brings into focus the sharp divide over the contentious case. It challenges the legality of the government’s actions under the Alien Enemies Act—a rarely used law that has no judicial history.
In reaction to the initial ruling, the Trump administration has appealed the decision all the way to the U.S. Supreme Court. The White House has already signaled its desire to pursue what they term “immediate appellate relief.” If the Department of Justice (DOJ) refuses to pursue this option or claims that it can’t, Judge Boasberg will appoint an independent attorney. This advocacy-oriented attorney will lead the continued prosecution of contempt against the administration.
In addition, Judge Boasberg set out a roadmap to the government. If it chooses not to prosecute a contempt, it has to submit a declaration. This order must unequivocally name each person responsible for the decision to permit the transfer of Venezuelans on March 15 and 16. The judge then ordered the administration to file another declaration within one week. This statement should detail their immediate and long-term strategy to reach and eradicate the finding of contempt.
Judge Boasberg’s ruling emphasized the seriousness of the government’s actions. He remarked on the gravity of what transpired, stating that the administration “effectively said that the Constitution flatly prohibits the Government from doing exactly what it did that Saturday, when it secretly loaded people onto planes, kept many of them in the dark about their destination, and raced to spirit them away before they could invoke their due-process rights.”
Any improvements that result from the case will be felt by everyone impacted environmental attorney Lee Gelernt, who litigated the case. He stated that the court’s actions were “rightly laser focused on the return of the individuals sent to the notorious Salvadoran prison with no due process.”
Here, the U.S. Supreme Court already showed their support for the Trump administration’s use of the Alien Enemies Act. This ruling opened the floodgates for local officials seeking to engage in deportations. It did require that the Venezuelans be given a chance to litigate their cases in the courts.
That legal battle is ongoing and has gripped the nation’s attention. Everyone looks forward to the Trump administration and Judge Boasberg addressing the big questions that continue to be presented by immigration law and due process. Whatever the result, it will certainly establish significant precedents for how such cases should be treated in the future.
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