WASHINGTON —  A federal judge in Washington found probable cause Wednesday the Trump administration is in contempt of court for defying his order to stop flights of Venezuelan immigrants headed to a prison in El Salvador.

U.S. District Judge James Boasberg gave officials one week to submit a list of steps they have taken, or will take, to comply with his order, or identify the official or officials who chose to send the planes to El Salvador, despite learning of his order, he wrote in a 46-page opinion Wednesday.

Boasberg wrote the government could “purge its contempt,” for example, by voluntarily obeying the order and giving the imprisoned men an opportunity to challenge their cases. Officials could also “propose other methods of coming into compliance.”

If the government does not attempt to remedy the situation, Boasberg will require declarations, or even live witness testimony, to identify who’s responsible for the noncompliance and refer them for criminal prosecution.

The case centers on President Donald Trump’s decision in mid-March to invoke the Alien Enemies Act of 1798 to deport more than 200 Venezuelans – and other nationals – with suspected gang ties. The men were detained at the Salvadoran mega-prison Centro de Confinamiento del Terrorismo, or CECOT.

Despite Boasberg’s order to halt the flights, including returning two planes that were mid-air, immigration officials allowed them to land in El Salvador — and directed a third one to take off.

Boasberg wrote Wednesday that the “Government’s actions on that day demonstrate a willful disregard for its Order, sufficient for the Court to conclude that probable cause exists to find the Government in criminal contempt.”

“The Court does not reach such conclusion lightly or hastily; indeed, it has given Defendants ample opportunity to rectify or explain their actions. None of their responses has been satisfactory,” continued Boasberg, who was appointed to the bench in 2011 by former President Barack Obama and confirmed unanimously by the Senate.

Order ‘Gleefully’ Violated

Boasberg provided a detailed timeline in a memorandum opinion Wednesday accompanying his probable cause order.

The judge delivered a verbal order at 6:45 p.m. on Saturday, March 15, mandating the government halt any new deportation flights and bring any planes that had taken off back to the U.S. He later entered a written order into the record at 7:25 p.m., according to the court filing.

“By mid-Sunday morning, the picture of what had happened the previous night came into clearer focus,” he wrote. “It appeared that the Government had transferred members of the Plaintiff class into El Salvador’s custody hours after this Court’s injunction prohibited their deportation under the Proclamation.

“Worse, boasts by Defendants intimated that they had defied the Court’s Order deliberately and gleefully,” Boasberg wrote in his opinion.

He highlighted that Secretary of State Marco Rubio reposted on social media a post from El Salvador President Nayib Bukele who highlighted a headline about the judge’s order and wrote “Oopsie … Too late” with a laughing face emoji.

What followed was “obstructionism” and “stonewalling” from the government, according to Boasberg, as officials refused to answer basic questions about the timeline of the flights and whether the plaintiffs who were granted class status in the lawsuit were now in El Salvador’s custody. The government argued such information would compromise national security.

Boasberg denied the government’s motion to block his temporary restraining order, and an appeals court upheld it.

Supreme Court Ruling

The Trump administration then appealed to the Supreme Court, and the justices ruled 5-4 on April 8 that Trump could use the wartime Alien Enemies Act to deport immigrants but must provide them a chance to challenge their cases first.

Boasberg addressed that ruling in his opinion Wednesday, writing that even a win on appeal did not negate the government’s responsibility to obey the order while it was active.

“If a party chooses to disobey the order — rather than wait for it to be reversed through the judicial process — such disobedience is punishable as contempt, notwithstanding any later-revealed deficiencies in the order,” he wrote.

Disputed Gang Membership

Family members and attorneys for many of the deported men have disputed the Trump administration’s claims that those taken to El Salvador were members of the Tren de Aragua gang.

They claim the men were deported because ICE agents misinterpreted their tattoos. Many deportees had no criminal record and were in asylum hearings before an immigration judge, they added.

Among those deported was El Salvadoran native Kilmar Armando Abrego Garcia, whose wife, a U.S. citizen, has been fighting in a separate federal case for his release from CECOT. Abrego Garcia had a protective order from an immigration judge in 2019 shielding him from removal to his native country because of risks of gang violence.

The Trump administration has not complied with a court order to return him to the U.S.

This story was published by Nebraska Examiner, an editorially independent newsroom providing a hard-hitting, daily flow of news. Read the original article: https://nebraskaexaminer.com/2025/04/16/repub/trump-administration-in-co...