The Trump administration has claimed it hasn’t violated a judge’s order against deportations, though Judge James Boasberg isn’t so sure.
Topline
The Trump administration sent Venezuelan migrants to El Salvador Saturday despite a judge’s order forbidding it from doing so, raising questions about the potential consequences that could be imposed if Trump officials ignore court rulings—and whether President Donald Trump’s pardon power could help negate any potential punishments.Key Facts
Judge James Boasberg suggested Monday the Trump administration violated his order when it sent alleged members of the Tren de Aragua gang to El Salvador under the Alien Enemies Act, with flights landing after Boasberg blocked the deportation of any immigrants under that law—and ordered during a hearing that any flights already in the air should be turned around.
The Trump administration has denied wrongdoing, claiming Boasberg lost jurisdiction over the flights once they left U.S. airspace, but the judge has suggested the government may have acted in defiance of his order, characterizing its stance Monday as, “We don’t care; we’ll do what we want.”
Trump officials have more broadly suggested the executive branch cannot be stopped by the judiciary from carrying out President Donald Trump’s immigration orders, with White House Press Secretary Karoline Leavitt saying Sunday, “A single judge in a single city cannot direct the movements of an aircraft carrier full of foreign alien terrorists who were physically expelled from U.S. soil.”
This has raised the possibility that Boasberg or other judges in the future could move to hold specific Trump officials in contempt of court for defying their rulings, though Trump himself remains immune from facing both criminal or civil liability for his acts in office—and no judges have yet explicitly threatened any punishments against the government or specific officials.
That means officials could face civil penalties like fines or imprisonment to force them to comply with rulings, or be held in criminal contempt, in which they would be subject to criminal charges as a result of their defiance of the court.
But Trump could help lessen the blow of any criminal punishments: Trump’s DOJ wouldn’t necessarily prevent officials from facing criminal penalties, as private lawyers could be appointed to prosecute any contempt allegations, but the president likely still would be able to pardon anyone convicted of contempt, legal experts told Forbes. What To Watch For
Boasberg has not yet given any indication about whether he could hold any Trump officials in contempt if they violated his court order blocking deportations—or concretely ruled that they did defy his ruling—though a hearing in the case is scheduled for Friday afternoon.What’s The Difference Between Civil And Criminal Penalties?
Judges hold parties in civil contempt in order to compel them to comply with a court’s action, imposing consequences designed to force them to follow the court.
