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US judge holds Donald Trump administration in ‘contempt’ in deportation case. What happens next?
US district judge James Boasberg said he was giving the administration a chance to “remedy the violation first”, before moving forward with such an action.
A US judge has ruled that he found "probable cause" to hold President Donald Trump's administration in contempt in a deportation case.
The court's ruling has now increased the prospect of officials being held in criminal contempt of court and potentially facing possible prosecution.
US district judge James Boasberg said that probable cause existed to hold the administration in contempt over its defiance of his order in the case involving migrants sent to a notorious El Salvador prison.
According to an AP report, the judge said he was giving the administration a chance to “remedy the violation first”, before moving forward with such an action.
The White House said it was planning to appeal against the order.
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What's the case?
The case traces to Trump's invocation of a 1798 wartime law, the Alien Enemies Act, to deport Venezuelan migrants it accuses of being gang members.
During an emergency hearing last month, judge Boasberg ordered the administration not to deport anyone in its custody under the act.
When told there were already planes in the air headed to El Salvador, which has agreed to house deported migrants in a notorious prison, the judge said the aircraft needed to be returned to the United States. But that did not happen.
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Hours later, El Salvador’s president Nayib Bukele, announced that the deportees had arrived in his country. In a social media post, he said, “Oopsie...too late” above an article referencing Boasberg’s order.
The Justice Department argued the judge's order didn’t apply to planes that had already left US airspace by the time his command came down, the AP report added.
Judge Boasberg said the government's “actions on that day demonstrate a willful disregard for its Order.” Even though the apex court earlier this month vacated his ruling that blocked the deportations, the judge said that does not “excuse the government's violation."
According to judge Boasberg, the Donald Trump administration can avoid contempt proceedings if it attempted to “remedy the violation” by retaking custody of the deportees, who were sent to the El Salvador prison in violation of his order, so they have a chance to challenge their removal.
The judge added that the government “would not need to release any of those individuals, nor would it need to transport them back to the homeland," but it's unclear how that would work.
Boasberg said if the administration chooses not to remedy the violation, he will move forward with trying to identify the official or officials who made the decision not to turn the planes around.
The judge said he would start by asking the government to submit written declarations in court, but he could turn to hearings with live witnesses under oath or depositions, the report added.
Then, he could refer the matter for prosecution.
Since Trump's Justice Department leadership would almost certainly opt not to bring a case, the judge said he would appoint another attorney to prosecute the contempt case should the government decline to do so.
