Administration lawyers urged a federal appeals court to halt contempt proceedings against the government, arguing that Chief District Judge James Boasberg’s actions in last month’s deportations to El Salvador have sparked a “needless constitutional confrontation.”
Justice Department attorney Drew Ensign said Boasberg is undermining presidential authority by ordering the return of Venezuelan gang suspects or criminal charges. He argued that the judge’s original order was vague, causing ongoing disputes over its meaning.
Boasberg, overseeing the first case involving President Trump’s invocation of the Alien Enemies Act, had grounded deportation flights and called for a contempt investigation. Ensign contended that a criminal contempt charge couldn’t be based on unclear orders.
The D.C. appeals court has paused the case while reviewing the government’s appeal.