Judge Demands Sworn Testimony in Deportations Contempt Case
A federal judge has reignited a significant legal confrontation with the Trump administration over immigration enforcement, resuming an inquiry into whether officials deliberately violated a court order concerning deportations to El Salvador.
US District Judge James Boasberg announced on Wednesday that he would require sworn testimony from administration officials to determine if they wilfully defied his March court order. That order had mandated that aircraft carrying men being deported to El Salvador should turn around mid-flight.
"It seems that a factual inquiry is in order, and the best way to proceed would appear to be bringing in witnesses and having them testify under oath," Judge Boasberg stated during an hour-long status conference.
Appeals Court Paves Way for Renewed Investigation
The contempt inquiry had previously been halted earlier this year by a three-judge panel of a federal appeals court. However, in a significant development last Friday, a larger panel of appellate judges ruled that Boasberg "remains free to require the government to identify the decision makers" behind the controversial deportations.
This ruling has effectively breathed new life into the judge's standoff with the Trump administration, raising crucial questions about the limits of presidential power in immigration matters.
Controversial Deportations Under Scrutiny
The case centres around deportation flights that occurred on March 15, which removed hundreds of men to El Salvador under the rarely invoked Alien Enemies Act. Judge Boasberg had previously concluded in April that the Trump administration appeared to have acted "in bad faith" by hastily organising three deportation flights while emergency court proceedings were underway to assess the legality of the operation.
The justice department has maintained that the administration did not wilfully defy any court orders and has contested Judge Boasberg's interpretation of the appeals court ruling, arguing he lacks jurisdiction to conduct contempt proceedings.
Next Steps in the Legal Battle
Judge Boasberg has directed the justice department to submit a proposal by November 24 outlining their recommended next steps. He has also requested a similar proposal from lawyers representing the deported men.
The criminal contempt proceedings could potentially result in fines or other forms of censure for officials found to have violated the court order. This has drawn criticism from Trump allies who argue the judge has overstepped his authority.
The Venezuelan men at the heart of this litigation were eventually released from a Salvadoran prison this summer after what reports describe as a traumatic experience in a notorious facility. They have since returned to Venezuela as part of a US-brokered prisoner swap.