Deportation-flight dispute puts judges’ power to enforce orders before appeals court
The D.C. Circuit is weighing whether a contempt inquiry can continue—not whether officials have already been convicted.
The full federal appeals court in Washington heard arguments September 29 over whether a judge can continue investigating possible criminal contempt tied to deportation flights to El Salvador in March 2025.
The Justice Department asked the D.C. Circuit to stop the inquiry by U.S. District Judge James Boasberg. The case concerns whether administration officials knowingly defied a court order, making compliance with judicial instructions the immediate issue rather than a new decision to deport anyone.
AP reported that the government's attorney described the investigation as unlawful and unnecessary. Judges on the appeals court questioned the government's position during the hearing, but their questions were not a final ruling.
The order behind the dispute
On March 15, 2025, Boasberg issued a temporary restraining order against transferring groups of Venezuelan migrants to El Salvador under the Alien Enemies Act. The later contempt inquiry sought to examine officials' conduct surrounding the flights and the court's instructions.
Courthouse News reported that government lawyer Brett Shumate warned that further proceedings could intensify conflict between the executive and judiciary, including the prospect of a special prosecutor investigating senior officials.
The opposing argument is that a court must be able to determine whether its orders were obeyed. A dispute about the validity of a policy and an inquiry into compliance with an order are related, but they ask different questions.
The Washington Examiner reported that Boasberg had previously found probable cause for contempt over the alleged violation. That preliminary finding is not a conviction and does not settle which individuals, if any, could ultimately be held responsible.
A hearing about the next legal step
The ACLU, representing challengers, described the en banc hearing as involving all 11 active appeals judges and pointed to a brief supporting judicial enforcement from more than 200 former judges. Those submissions frame the stakes but do not decide the case.
The D.C. Circuit must determine whether the lower court's inquiry can proceed. Further findings about any official's conduct would require evidence and additional legal proceedings, beyond the arguments presented at the September hearing.
