DOJ Asks Federal Court to Defy Anti-Trump Judge and Permit Deportations of Venezuelan Gang Suspects

The Justice Department has requested that a federal appeals court halt contempt proceedings against the government concerning the deportation of Venezuelan gang suspects to El Salvador.

Administration lawyers argue that Chief District Judge James Boasberg’s actions are creating an unnecessary constitutional confrontation.

DOJ attorney Drew Ensign claimed that Boasberg’s interference in last month’s deportations undermines the president’s foreign policy authority.

Ensign further contended that a contempt finding is unwarranted due to the vague nature of Boasberg’s original order, which has led to ongoing disputes over its meaning.

Ensign emphasized in a brief to the Circuit Court of Appeals that the district court’s criminal contempt order invites an avoidable constitutional clash.

The Justice Department believes that no crime was committed, given the ambiguity surrounding the judge’s instructions, as the Conservative Brief reported.

Boasberg is overseeing the first case stemming from President Donald Trump’s invocation of the Alien Enemies Act, which was used to authorize the deportation of suspected Tren de Aragua gang members.

In response to the order, Boasberg grounded planes carrying the deportees, instructing them to turn around.

However, two flights that were already airborne continued to their destination.

A third flight also departed, with government officials stating that these individuals were deported under standard immigration law, not under the Alien Enemies Act.

Ensign questioned whether Boasberg’s instructions referred to the physical removal of deportees from U.S. territory or their legal removal from U.S. custody.

He argued that criminal contempt proceedings should not be based on an order so unclear that even weeks later, parties involved are still struggling to interpret it.

The executive branch, which holds prosecutorial power, maintains that no crime was committed during the deportations.

Despite the Supreme Court stripping Boasberg of jurisdiction over the case, the judge has continued to pursue it, stating that he must investigate what occurred while he still had authority.

Boasberg has expressed that he believes there is “probable cause” to hold someone within the government in contempt.

He has also asked the government to propose ways to “purge” the contempt, such as providing a forum for the deportees to argue for the reversal of their deportations, though he is open to other solutions.

If no resolution is found, Boasberg has warned that he will press charges.

In the event the Justice Department refuses to prosecute, he has suggested he will appoint a special prosecutor to handle the case.

The D.C. appeals court has temporarily paused Boasberg’s case while it reviews the government’s appeal.

The American Civil Liberties Union (ACLU), which represents the Venezuelan deportees, has urged the appeals court to avoid intervening at this stage, arguing that formal contempt proceedings have not yet begun.

ACLU officials have stated that any interference by the appeals court would be premature, given that the case is still in its early stages.

Meanwhile, Attorney General Pam Bondi has criticized Boasberg’s involvement in another high-profile case concerning the Trump administration.

Bondi argued that Boasberg, having already ruled against Trump’s policies in the past, cannot be impartial in his handling of future cases.

She called for his removal from such cases, claiming that many judges need to be reassigned to ensure fairness in the judicial process.

Despite this, Boasberg continues to oversee multiple lawsuits involving the Trump administration, each allegedly assigned to him randomly.

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