Judge Boasberg Finds Probable Cause to Hold Trump Admin in Contempt in Deportations Case

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The Supreme Court vacated the order and said the lawsuit was brought in the wrong court.

U.S. District Judge James Boasberg has issued an opinion stating that heโ€™s found probable cause that the Trump administration was in criminal contempt by refusing to comply with his order prohibiting certain deportations under the Alien Enemies Act.

โ€œThe Court ultimately determines that the Governmentโ€™s actions … demonstrate a willful disregard for its Order, sufficient for the Court to conclude that probable cause exists to find the Government in criminal contempt,โ€ Boasberg said in an April 16 opinion.

He said the government would have the opportunity to โ€œpurgeโ€ its contempt by complying with his order.

Boasbergโ€™s order came after the Supreme Court vacated his orders and said the case was brought in the wrong court.

โ€œThe fact that the Supreme Court determined that this Courtโ€™s TROs suffered from a venue defect does not affectโ€”let alone mootโ€”the compliance inquiry presently teed up here,โ€ he said.

He said the โ€œobvious wayโ€ for the government to comply with his order was to assert custody over individuals who were removed in purported violation of it. That way, he said, the deported individuals could bring habeas challenges to their removals.

White House Communications Director Steven Cheung said the administration planned to โ€œseek immediate appellate relief.โ€

โ€œThe President is 100% committed to ensuring that terrorists and criminal illegal migrants are no longer a threat to Americans and their communities across the country,โ€ he said in a post on social media platform X.

Part of the Supreme Courtโ€™s reasoning was that the proper avenue for challenging detention under the Alien Enemies Act was through habeas corpus, which means โ€œyou should have the bodyโ€ in Latin. Boasberg had overseen a lawsuit that focused on claims brought under the Administrative Procedure Act. In order to bring a habeas challenge, the justices said, the lawsuit must be brought where the detainees are located.

โ€œThe detainees are confined in Texas, so venue is improper in the District of Columbia,โ€ the April 7 majority opinion said. Following that decision, two judges in Texas and New York held hearings related to habeas challenges.

Byย Sam Dorman

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