Background on the Case
A federal judge ruled that the Trump administration deliberately ignored a court order to stop deporting migrants under a 1798 law, potentially constituting judicial contempt.
Judge James Boasberg of the District Court for Washington, D.C., stated that “the court determines ultimately that with its actions on March 15, the government deliberately ignored the order.”
Boasberg suspended deportations based solely on the Alien Enemies Act of 1798 when over 200 individuals, mostly Venezuelans accused of being members of the Tren de Aragua criminal gang, were being deported to El Salvador.
Supreme Court’s Intervention
On April 8, the Supreme Court lifted the ban on migrant expulsions citing the 18th-century law, primarily due to technical reasons: migrants filing lawsuits to avoid deportation were in Texas, while Boasberg’s case was being heard in Washington.
However, the Supreme Court acknowledged that migrants should still have the right to challenge their expulsion in state courts where they are being deported.
Rushed Deportations
Judge Boasberg expressed disappointment that instead of following the Supreme Court’s decision, the Trump administration continued rushing deportations.
“Several hours after the decision, officials moved protected passengers from two flights under this suspension to a large Salvadoran prison,” he noted.
Despite several court hearings, Trump administration officials failed to provide a convincing reason to avoid the obvious conclusion: they deliberately disobeyed the court’s decision.
Boasberg gave the executive branch a week, until April 23, to avoid contempt proceedings and comply with the March 15 ruling. If not, he requested the identity of those who ignored him.
Key Individuals Involved
Among those deported on March 15 under the 1798 law was Salvadoran migrant Kilmar Ábrego García, despite a 2019 court ruling permanently revoking his deportation possibility to El Salvador.
The government later admitted it was an “administrative error.” Ábrego García’s case has become a symbol of the tug-of-war between Trump, who vows to end what he calls a “foreign criminal invasion,” and the courts.
Trump accuses judges of “usurping” executive power and obstructing his deportation efforts, with support from Salvadoran President Nayib Bukele. In exchange for six million dollars from Washington, Bukele has offered a large prison to house deported migrants.
Controversy and Reactions
President Trump issued a decree allowing the use of the 1798 law against Tren de Aragua members, labeled a global terrorist organization by Washington.
White House spokesperson Karoline Leavitt again accused Ábrego García of being an “illegal immigrant and MS-13 gang member,” claiming he was detained wearing a hoodie with wads of cash covering his ears, mouth, and eyes—a known MS-13 symbol.
Democrats have shown solidarity with the migrant; Senator Chris Van Hollen traveled to El Salvador but was denied access to Ábrego García.
Leavitt criticized the trip, warning that if Van Hollen returned to the U.S., he would be deported immediately.
The Department of Homeland Security (DHS) stated that Ábrego García’s wife, Jennifer Vásquez Sura, sought a protective order against him along with evidence of domestic violence.
