The D.C. Circuit Court will debate whether a criminal contempt investigation into the Trump administration’s actions regarding Venezuelan migrants should continue. The case involves the deportation of these migrants to El Salvador, ordered by former Homeland Security Secretary Kristi Noem. Despite a judge’s directive to halt the deportations, these migrants were sent to El Salvador’s CECOT prison in March 2025.
Legal Proceedings Overview
Judge James Boasberg of the U.S. District Court issued a temporary order on March 15, 2025, blocking the removal of these migrants, alleged by the government to be part of the Tren de Aragua gang, until further review. Despite this, the deportation planes continued to El Salvador. The Supreme Court later vacated Boasberg’s order, indicating that legal challenges had to be filed in the respective federal districts where the detainees were located.
Government’s Response
In the subsequent inquiry, Boasberg identified probable cause for a deliberate breach of his order by the government. Responding to questions about the decision’s rationale, the government cited Secretary Noem. It disclosed she approved the transfer following legal consultations. Arguments suggested the original verbal order from Boasberg wasn’t binding, and the written order lacked the explicit command to return any departed migrants.
Split Court Decision
In April 2026, a three-judge panel, in a split verdict, directed Boasberg to cease the contempt proceedings. It argued that the written order lacked clarity to warrant criminal contempt for the migrants’ movement to Salvadoran custody. Furthermore, searching Executive Branch deliberations on national security and diplomacy was deemed overreaching.
D.C. Circuit’s Next Steps
The D.C. Circuit’s full panel will reconsider this ruling. If the inquiry progresses, Noem might face a criminal contempt referral. Despite this, she remains uncharged so far. In August, 204 former judges supported continuing the inquiry, deeming the district court’s actions both proper and fitting. Oral arguments for this case are scheduled for Tuesday.