Appeals Court Halts Contempt Probe Into Trump-Era Migrant Flights
A divided federal appeals court has ordered a district judge to end a criminal contempt investigation into the Trump administration's handling of migrant flights to El Salvador. The ruling centers on whether a 2025 court order was sufficiently clear to warrant contempt proceedings after the administration transferred migrants covered by the order.
Court Ruling and Legal Reasoning
On Tuesday, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit ruled 2-1 that Chief Judge James Boasberg of the U.S. District Court for the District of Columbia must end his contempt investigation.
The majority opinion, written by Circuit Judge Neomi Rao, stated the Trump administration has a "clear and indisputable" right to have the proceedings terminated.
The opinion held that criminal contempt requires the violation of a "clear and specific" court order. It found that Judge Boasberg's March 2025 temporary restraining order did not meet that legal standard regarding the transfer of migrants into Salvadoran custody.
Circuit Judge Justin Walker concurred with the majority in a separate opinion.
Circuit Judge J. Michelle Childs dissented. In an 80-page dissent, she wrote that the majority's decision "trampled" on the district court's authority and could affect future contempt proceedings against all litigants.
Background of the Case
The investigation stemmed from events in March 2025:
- On March 15, 2025, Judge Boasberg issued a temporary restraining order barring the Trump administration from transferring a specific group of Venezuelan migrants to El Salvador.
- After the order was issued, two planeloads of migrants covered by the order departed the United States for El Salvador.
- The administration stated that then-Homeland Security Secretary Kristi Noem was responsible for the transfer decision.
- Judge Boasberg initiated contempt proceedings, stating the administration may have acted in bad faith and that its explanations for the transfers were not satisfactory.
Reactions and Broader Context
Following the panel's decision, statements and historical context were reported:
Lawyers for the deported migrants can ask the full D.C. Circuit court or the U.S. Supreme Court to review the panel's decision.
Plaintiffs' attorney Lee Gelernt of the American Civil Liberties Union stated the majority opinion is "a blow to the rule of law" and that the Trump administration "willfully violated the court's order."
The White House has previously portrayed Judge Boasberg as biased and accused him of overstepping his authority. Last year, the Justice Department filed a misconduct complaint accusing Boasberg of making improper public comments about former President Trump and his administration.
Former President Trump has called for Judge Boasberg's impeachment. Supreme Court Chief Justice John Roberts has publicly rejected calls for impeachment.
Judicial Nominations
The judges involved in the case were nominated by presidents from both major parties:
- Circuit Judge Neomi Rao and Circuit Judge Justin Walker were nominated by former President Donald Trump.
- Circuit Judge J. Michelle Childs was nominated by President Joe Biden.
- Chief Judge James Boasberg was nominated by former President Barack Obama.