In a written ruling, U.S. District Judge James Boasberg in Washington found “probable cause” to hold officials in criminal contempt of court, saying the administration demonstrated “willful disregard” for his March 15 order barring the deportations to El Salvador under the 1798 Alien Enemies Act.
Wednesday's ruling is the closest any court has come to suggesting punishing the administration since President Donald Trump returned to the White House on January 20, and escalates the confrontation between the judicial and executive branches.
Boasberg said the administration could still avoid being held in contempt by taking steps to comply with his order - namely, by allowing the migrants to challenge their removals in court. He gave the administration until April 23 to outline what steps it would take, or to identify the officials who decided to disregard his order so they could potentially be prosecuted.
“Boasts by Defendants intimated that they had defied the Court’s Order deliberately and gleefully,“ the judge wrote.
A Justice Department spokesperson said: “His (Boasberg’s) underhanded attempt to maintain power over this case is a judicial power grab that the Department of Justice will fight by all means necessary.”
The Trump administration faces more than 150 legal challenges to its policies. Democrats and some legal analysts say officials in some cases are dragging their feet in complying with unfavorable court orders, signaling a potential willingness to disobey an independent, coequal branch of government.
On Wednesday, the Justice Department appealed Xinis' order, which would require officials to face questioning on the steps they had taken to facilitate Abrego Garcia's return.
“It’s a very strong rebuke to the administration,“ said Professor Jonathan Hafetz at the Seton Hall University School of Law.
The judiciary is not the only U.S. institution to come under pressure. The Trump administration has targeted others that have long cherished their independence from partisan politics, such as universities and law firms.
The case stems from Trump's invocation of the Alien Enemies Act. It is best known for its use to intern and deport people of Japanese, German and Italian descent during World War Two. Some were U.S. citizens.
“Today’s decision affirms what we have long known: the government’s conduct in this case is unlawful and a threat to people and our Constitution,“ said Skye Perryman, president of Democracy Forward, an advocacy group for migrants in the case.
The president may pardon people convicted of criminal contempt, says the U.S. Congressional Research Service, an independent entity that provides policy analysis to lawmakers.
In 2017, during his first term in office, Trump pardoned former Arizona lawman Joe Arpaio less than a month after he was convicted of criminal contempt in a case involving racial profiling. (Reporting by Luc Cohen, Andrew Goudsward and Tom Hals; Editing by Howard Goller, Noeleen Walder and Tom Hogue)
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