A federal judge said there’s a “fair likelihood” that Trump administration officials violated his order to immediately halt deportations of Venezuelans suspected of being gang members, adding he may cite them for contempt.
US District Judge
After a government attorney said US officials complied with Boasberg’s orders that day, the judge said “there is a fair likelihood that that is not correct, and in fact the government acted in bad faith throughout that day.”
Boasberg, the chief federal judge in Washington, said he will “determine if I have found that probable cause exists to believe that contempt has occurred and if so, how we will proceed from there.”
The case is the highest-profile fight between President
On March 15, Trump invoked the Alien Enemies Act of 1798 to deport alleged members of the Tren de Aragua gang. The law was previously used only in the War of 1812, World War I and World War II. By citing the law, Trump bypassed immigration law and claimed the gang was effectively an extension of the Venezuelan government engaged in an invasion or “predatory incursion.”
Boasberg put the removals on hold that day over concerns about due process, triggering a battle over the president’s authority to invoke the law. The Supreme Court is weighing a government request to allow the stalled deportations to resume.
Judges can find federal agency officials or their lawyers in contempt of court, and fine them, for defying a judge’s orders. They can impose financial sanctions on federal agencies for failure to comply. And in extreme cases, they can jail officials for contempt.
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At Thursday’s hearing, Boasberg questioned Justice Department attorney
Boasberg had a second hearing that day, ordering Ensign to tell immigration officials to immediately turn around any flights. But two flights proceeded anyway, despite the judge taking a break so that Ensign could convey his order to Justice Department and immigration officials.
“You’re telling me that you had no knowledge whatsoever between 5 and 6 pm on that day that planes were in the air or shortly would be in the air?” Boasberg asked.
“Your honor, I had no knowledge from my client,” Ensign said.
Boasberg also pressed Ensign for the names of everybody he communicated with about his order that day. Ensign named seven Justice Department or immigration officials who may have learned of the judge’s order.
Justice Department lawyers have previously said they didn’t have to comply with Boasberg’s oral order on March 15 because he soon issued a written order that didn’t direct the planes to turn around.
The judge said there’s a “good chance” he’ll hold hearings to determine who he might cite for contempt.
“I would not expect to issue this opinion before next week,” Boasberg said.
The case is J.G.G. v. Trump,
(Updates with details from the hearing.)
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Elizabeth Wasserman, Peter Blumberg
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