Judge Floats Contempt Charges in 'Interesting' Interaction with Trump's DOJ

 A judge floated the idea of holding the Trump administration in contempt of court for deporting immigrants in defiance of a court order, marking an "interesting" point in the a former prosecutor has said.

Why It Matters

It is highly unusual for a judge to consider contempt charges based on a presidential order, underscoring the tension between the Trump administration and some federal judges.

It is almost an enormously important issue concerning immigration rights and the government's right to deport.

Newsweek sought email comment on Tuesday from the Department of Justice.

What To Know

Trump on Saturday issued an executive order announcing that he would invoke the Alien Enemies Act to expel Venezuelan nationals over age 14 who have alleged ties to the Tren de Aragua criminal gang.

Hours later, Washington, D.C., federal judge James Boasberg placed a restraining order on the Trump administration, preventing the deportations and ordering all planes carrying the men to return to the U.S.

When the Trump administration continued with the deportations at the weekend, Boasberg demanded an answer at a hearing on Monday.

In a written submission, the Department of Justice told the judge that his order was "not enforceable" for deportations under the Alien Enemies Act of 1798, which has historically only been invoked in wartime.

Former federal prosecutor, Joyce Vance, wrote in her legal blog, Civil Discourse, on Monday that a vexed Boasberg openly considered contempt charges during Monday's hearing.

"Then came an interesting moment, the only time during the hearing where Judge Boasberg actually used the word contempt," she wrote.

It came when Baosberg asked a pointed question to Department of Justice lawyer, Abhishek Kambli, about when the deportations took place to assess if they were a violation of Baosberg's court order.

Vance said Boasberg asked Kambli a question about "when Trump signed the proclamation that allegedly triggered his ability to deport members of the Tren de Aragua gang."

Boasberg framed his question to suggest that "the government was at risk" of contempt proceedings, Vance wrote.

What People Are Saying

White House Press Secretary Karoline Leavitt wrote on X, formerly Twitter, on Saturday that the "written order and the Administration's actions do not conflict."

"A single judge in a single city cannot direct the movements of an aircraft carrying foreign alien terrorists who were physically expelled from U.S. soil," she wrote.

Trump's director of border enforcement, Tom Homan, told Fox News on March 17 that the administration will continue with its deportation plan, regardless of the opinion of Boasberg or any other federal judge "We're not stopping. I don't care what the judges think, I don't care what the left thinks. We're coming."

Homan, the acting head of Immigration and Customs Enforcement (ICE) during the first Trump administration, added: "They're not going to stop us," he said. "I wake up every morning loving my job because I work for the greatest president in the history of my life," he said.

What Happens Next

Boasberg ordered the Department of Justice to submit a written explanation by noon on Tuesday on why it couldn't share more information about the timing of the flights.

He also demanded more information about how many planes took off, where they went, what time they took off, when they landed and how many people were transferred from each plane into the custody of the country in which they landed.

Boasberg may consider further legal action if the Department of Justice does not reply to his questions.