Judge James Boasberg said he will promptly resume a contempt investigation into the March flights that sent Venezuelan migrants to a notorious El Salvador prison instead of returning the aircraft as he had directed. A recent D.C. Circuit decision authorized him to proceed; he has ordered attorneys to identify witnesses by Monday and aims to begin hearings Dec. 1. The probe will assess whether to refer criminal charges; the administration denies violating the judge’s order, while advocates say many migrants may have been wrongly labeled as gang members and seek a path to challenge those designations.
Judge Moves Quickly on Contempt Probe After U.S. Flights Sent Venezuelan Migrants to El Salvador Prison
Judge James Boasberg said he will promptly resume a contempt investigation into the March flights that sent Venezuelan migrants to a notorious El Salvador prison instead of returning the aircraft as he had directed. A recent D.C. Circuit decision authorized him to proceed; he has ordered attorneys to identify witnesses by Monday and aims to begin hearings Dec. 1. The probe will assess whether to refer criminal charges; the administration denies violating the judge’s order, while advocates say many migrants may have been wrongly labeled as gang members and seek a path to challenge those designations.
06:19 AM, 11/20/2025Politics
A federal judge said Wednesday he will promptly resume a contempt investigation into the Trump administration’s decision in March not to turn around aircraft carrying Venezuelan migrants — instead allowing the planes to land in El Salvador, where the migrants were held at a notorious prison.
U.S. District Judge James Boasberg in Washington said a recent ruling by a larger panel of the U.S. Court of Appeals for the D.C. Circuit cleared the way for him to proceed. The inquiry will determine whether there is sufficient evidence to refer the matter for criminal prosecution. Boasberg ordered attorneys to identify witnesses and submit plans for the probe by Monday, and said he would like hearings to begin on Dec. 1.
Background
On March 15, Boasberg directed that aircraft carrying individuals accused of gang ties be returned to the United States. The planes instead landed in El Salvador and the migrants were detained at the Terrorism Confinement Center (CECOT), a high-security facility. The administration relied on an 18th-century wartime statute to send the detainees abroad, arguing that U.S. courts could not order them freed.
In June, Boasberg ordered that some migrants be given an opportunity to challenge their deportations, finding they had not been allowed to formally contest the removals or allegations that they were members of the Tren de Aragua gang. He wrote that significant evidence suggested many migrants were not connected to the gang and were "languishing in a foreign prison on flimsy, even frivolous, accusations." More than 200 migrants were later returned to Venezuela in a prisoner swap with the U.S.
Legal Fight and Next Steps
Boasberg previously found probable cause to hold the administration in criminal contempt, a finding that triggered a sharp clash between the judiciary and the executive. A divided three-judge appeals panel vacated that contempt finding, but last Friday a larger D.C. Circuit panel ruled that the earlier appellate decision did not bar Boasberg from continuing his probe. In a joint opinion, Judges Cornelia Pillard, Robert Wilkins and Bradley Garcia described Boasberg’s contempt finding as a "measured and essential response." They emphasized that "judicial orders are not suggestions; they are binding commands that the Executive Branch, no less than any other party, must obey."
Boasberg said sworn testimony would be the preferred method for the contempt inquiry, though he allowed the government to submit written declarations explaining who ordered officials to defy his oral direction. He suggested calling a former Department of Justice attorney who filed a whistleblower complaint alleging a senior DOJ official suggested the administration might need to ignore court orders while preparing to deport migrants it accused of gang ties.
The administration denies violating the court’s orders, arguing that the judge’s instruction to return the planes was made orally in court and did not appear in his written order. Justice Department attorney Tiberius Davis told Boasberg the government objects to continued contempt proceedings.
Humanitarian and Practical Concerns
Immigrant advocates say many of the men were wrongly accused of affiliation with Tren de Aragua and now face danger if returned to Venezuela. Their lawyers ask Boasberg to require the administration to explain how it will allow at least 137 of the men to challenge their gang designations under the Alien Enemies Act. Counsel have been able to contact only about 30 of the men so far; those reached — and the migrants generally — "overwhelmingly" want to pursue their cases, according to ACLU attorney Lee Gelernt.
The government warned it may be difficult to take the men into U.S. custody again because of strained relations with Venezuelan President Nicolás Maduro’s government. Boasberg did not issue an immediate ruling on that request.
What to watch next: attorneys must identify witnesses and submit probe plans by Monday; hearings are tentatively scheduled to begin Dec. 1. The inquiry could lead to referrals for criminal prosecution if the judge finds sufficient evidence of contempt.