A US federal judge announced on Wednesday that he has found probable cause to hold the Trump administration in criminal contempt of court, warning that he may pursue the prosecution of officials who defied his orders last month by failing to return deportation flights headed to a prison in El Salvador.
The ruling, issued by US District Judge James E. Boasberg – whom former President Donald Trump has previously said should be impeached – underscores a significant clash between the judiciary and the executive branch over presidential authority and immigration enforcement.
Judge Boasberg accused administration officials of hastily deporting individuals under the Alien Enemies Act before they had the opportunity to challenge their removal in court. He further stated that the government deliberately ignored his directive to turn around planes that had already left.
Boasberg said he may hold hearings and refer the case for prosecution if the administration fails to address the violation. Should the Justice Department decline to act, the judge stated he would appoint an independent attorney to pursue the case.
“The Constitution does not tolerate wilful disobedience of judicial orders – especially by officials of a coordinate branch who have sworn an oath to uphold it,” wrote Boasberg, the chief judge of Washington’s federal court.
The Trump administration has said it will appeal the ruling.
“The President is 100% committed to ensuring that terrorists and criminal illegal migrants are no longer a threat to Americans and their communities across the country,” White House communications director Steven Cheung wrote in a post on X.
It comes as Maryland Senator Chris Van Hollen travelled to El Salvador on Wednesday, where he met with the country’s vice president to advocate for the release of Kilmar Abrego Garcia – a man deported by the Trump administration in March despite a court order blocking his removal.
Speaking at a press conference in San Salvador following the meeting, Van Hollen, a member of the Senate Foreign Relations Committee, said Vice President Félix Ulloa told him the Salvadoran government would not return Abrego Garcia to the United States and denied Van Hollen’s request to visit him in the high-security prison where he is being held.
Both the Trump administration and Salvadoran President Nayib Bukele stated this week that they see no legal grounds to repatriate Abrego Garcia, even though the US Supreme Court has ordered the administration to make efforts to bring him back.
Trump officials allege that Abrego Garcia, a Salvadoran national who had been living in Maryland, is connected to the MS-13 gang. However, his lawyers argue that no evidence has been presented to support those claims, which Abrego Garcia has consistently denied.
Garcia has not been charged with any crimes related to gang activity.
White House press secretary Karoline Leavitt criticised Van Hollen’s decision to visit El Salvador to advocate for Garcia’s return.
“It’s appalling and sad that Senator Van Hollen and the Democrats applauding his trip to El Salvador today are incapable of having any shred of common sense or for their own constituents. And our citizens,” Leavitt said.
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