Judge Boasberg to Restart Contempt Proceedings Over Alien Enemies Act Deportations

U.S. District Judge James Boasberg announced he will revive contempt proceedings against Trump administration officials who failed to comply with his order to halt deportation flights bound for El Salvador, after the U.S. Court of Appeals for the D.C. Circuit cleared the way.

"I believe that justice requires me to move promptly on this," Boasberg said at a hearing, signaling that he intends to press forward now that the appeals court has lifted the pause on contempt actions.

The dispute stems from President Trump’s invocation of the 1798 Alien Enemies Act earlier this year to rapidly remove people the administration says belonged to Tren de Aragua, a transnational gang the administration designated as a terrorist organization. Several alleged Venezuelan gang members were flown to a notorious Salvadoran facility known as CECOT.

At a crucial hearing last spring, Boasberg learned that deportation flights were already in motion and ordered the administration to stop them. That order led to a legal fight that culminated in the potential contempt proceedings now set to resume.

Next steps and expected witnesses

Boasberg instructed lawyers for the Venezuelan plaintiffs and the Department of Justice to submit written proposals by Monday outlining how to proceed. He indicated an evidentiary hearing would likely be the appropriate next step and said he expects testimony from at least two witnesses: former Justice Department attorney and whistleblower Erez Reuveni, who was dismissed in April, and DOJ lawyer Drew Ensign.

Reuveni alleges that Emil Bove, then the No. 3 official at the Justice Department and now a federal appeals court judge, suggested the administration might defy potential court orders blocking use of the Alien Enemies Act and that some officials said the government might have to tell the courts "f— you." Reuveni also says Ensign knew people were being removed; during the hearing Reuveni quoted a text message in which he said Ensign knew "about the flights."

Boasberg said he would "certainly intend to find out what happened that day" and that Reuveni is someone he "would like to hear from."

Broader case and reactions

Separately, Boasberg continues to oversee the underlying challenge to the administration's use of the Alien Enemies Act. The migrants who were deported were later released from CECOT and ultimately transferred to Venezuela as part of a large prisoner swap.

Boasberg’s handling of the case has provoked criticism from President Trump and some Republican allies, who have called for his impeachment and urged the appeals court to suspend him. Lee Gelernt, an attorney with the ACLU representing the Venezuelan plaintiffs, said the challengers have been difficult to reach and remain fearful, but that they "overwhelmingly" want the litigation to continue.

Procedural filings ordered by the judge and the scheduling of any evidentiary hearing will determine how quickly the contempt matters proceed. The court’s next steps could clarify whether officials who ignored the order will face sanctions.