Judge to proceed with contempt probe after US flew migrants to El Salvador prison in March

A federal judge announced Wednesday his intention to proceed swiftly with a contempt investigation against the Trump administration for failing to return planes carrying Venezuelan migrants to the United States in March, despite a direct court order.

U.S. District Judge James Boasberg in Washington stated that a recent ruling by the U.S. Court of Appeals for the District of Columbia Circuit has given him authority to continue the inquiry. The investigation will determine whether sufficient evidence exists to refer the matter for prosecution. During Wednesday’s hearing, Boasberg requested attorneys to identify witnesses and submit procedural plans by Monday, with hopes of beginning hearings on December 1.

“I am authorized to proceed just as I intended to do in April seven months ago,” Boasberg stated. “I certainly intend to find out what happened on that day.”

The case stems from a March 15 incident when Boasberg ordered the return of aircraft carrying alleged gang members to the U.S. Instead, the planes landed in El Salvador, where the migrants were held at the notorious Terrorism Confinement Center, known as CECOT.

Boasberg indicated that witness testimony under oath appears to be the most effective approach for conducting the contempt investigation. He also suggested the government could provide written declarations explaining who ordered officials to “defy” his ruling. Among potential witnesses, the judge mentioned a former Justice Department attorney who filed a whistleblower complaint alleging that a top department official suggested ignoring court orders during preparations to deport Venezuelan migrants accused of gang affiliation.

The Trump administration maintains it committed no violation, arguing that the judge’s directive to return the planes was delivered verbally in court but not included in his written order. Justice Department attorney Tiberius Davis voiced objections to further contempt proceedings during Wednesday’s hearing.

This case represents a significant conflict between judicial and executive branches. Boasberg had previously found probable cause to hold the administration in criminal contempt, but a divided three-judge appeals court panel—with two Trump appointees in the majority—later overturned the finding.

However, on Friday, a larger panel of D.C. Circuit judges ruled that their colleagues’ earlier decision did not prevent Boasberg from proceeding with his investigation. Judges Cornelia Pillard, Robert Wilkins, and Bradley Garcia described Boasberg’s contempt finding as a “measured and essential response,” emphasizing that “judicial orders are not suggestions; they are binding commands that the Executive Branch, no less than any other party, must obey.”

The administration justified its actions by invoking the Alien Enemies Act, an 18th-century wartime law, to send the migrants—whom it accused of membership in Tren de Aragua, a Venezuelan gang—to El Salvador. Officials claimed American courts lacked authority to order their release.

In a June ruling, Boasberg ordered the administration to provide some migrants an opportunity to challenge their deportations and the allegations of gang affiliation. He wrote that “significant evidence” indicated many detainees had no connection to Tren de Aragua and were “languishing in a foreign prison on flimsy, even frivolous, accusations.”

More than 200 migrants were later released to Venezuela as part of a prisoner exchange with the United States. Attorneys for the migrants are now requesting Boasberg to order the administration to explain how it will allow at least 137 of the men to contest their gang designation under the Alien Enemies Act.

Lee Gelernt, an attorney with the American Civil Liberties Union, stated during Wednesday’s hearing that the men face danger in Venezuela and are fearful of speaking with legal representatives. Attorneys have managed to contact approximately 30 individuals, who “overwhelmingly” wish to pursue their cases.

Justice Department attorney Davis cautioned that reestablishing custody might prove challenging given current tensions between the U.S. and Venezuelan President Nicolas Maduro’s government. Boasberg reserved judgment on this matter.