The U.S. Court of Appeals for the D.C. Circuit ruled 2–1 on Friday that District Judge James Boasberg cannot proceed with potential contempt proceedings against the Trump administration. The case centers on allegations that the administration violated an emergency court order prohibiting the use of the 1798 Alien Enemies Act to deport more than 250 Venezuelan migrants to El Salvador.
Judges Gregory Katsas and Neomi Rao, both appointed by former President Trump, sided with the administration in halting Boasberg’s contempt motion. Judge Nina Pillard, an Obama appointee, dissented. Legal experts expect the decision to be appealed either to the full D.C. Circuit for an en banc review or directly to the U.S. Supreme Court.
Writing for the majority, Judge Katsas noted that the emergency order was issued under intense pressure and involved complex legal questions. He argued that the district court’s written directive contained “some ambiguity,” and emphasized that the ruling does not determine the legality of the administration’s actions. He concluded that the deportations were “clearly and indisputably not criminal.”
The ruling follows Boasberg’s earlier determination that there was “probable cause” to pursue contempt charges after the Trump administration deported the migrants to CECOT, a maximum-security prison in El Salvador, despite the court order. The detainees were later sent to Venezuela in a controversial prisoner exchange between the two nations.
The decision adds to ongoing legal conflicts between the Trump administration and the federal judiciary. Meanwhile, the administration has dismissed dozens of immigration judges amid a growing case backlog, fueling concerns that Trump is reshaping the courts to align with his tough immigration agenda.