An Obama-appointed federal judge has indicated he may hold the Trump administration in contempt for deporting gang members to El Salvador.
District Court Judge James Boasberg ordered on March 15 that the plane or planes carrying Tren de Aragua gang members for deportation under the 1798 Alien Enemies Act must turn around and return the illegal immigrants to the U.S., according to Fox News.
On that day, Boasberg enjoined the Trump administration from using the 1798 law to conduct further deportations, which the Trump administration is appealing.
While the case moves on, Boasberg has focused on the fact that the Department of Justice has told him that due to national security concerns, the judge cannot have the details he wants about the timing of the flights.
Drew Ensign, a deputy assistant attorney general, has also said that Boasberg’s initial verbal order, issued in time to catch the planes in the air, did not have the weight of a written order issued hours later, according to NPR.
On Thursday, Boasberg said that contempt proceedings could come if he finds the Trump administration’s legal logic not to his liking.
“If I don’t agree, I don’t find your legal arguments convincing, and I believe there is probable cause to find contempt, what I’m asking is how — how should I determine who [is at fault]?” Boasberg said, according to ABC.
Boasberg bristled after Ensign said the administration complied with the March 15 order.
“It seems to me, there is a fair likelihood that that is not correct,” Boasberg said.
“In fact, the government acted in bad faith throughout that day. You really believed everything you did that day was legal and could survive a court challenge. I can’t believe you ever would have operated in the way you did,” he said.
The Justice Department has said President Donald Trump was not required to bring the expelled gang members back.
“Even without the challenged Proclamation, the President doubtlessly acts within his constitutional prerogative by declining to transport foreign terrorists into the country,” the Justice Department has argued.
Boasberg said that the Trump administration acted recklessly in deporting the gang members that day.
“Why wouldn’t the prudent thing be to say, ‘Let’s slow down here. Let’s see what the judge says. He’s already enjoined the removal of five people, certainly in the realm of possibility that he would enjoin further removal. Let’s see what he says, and if he doesn’t enjoy it, we can go ahead. But surely better to be safe and risk violating the order,’” Boasberg said.
Fox News noted that on Thursday, Boasberg wanted to know how the order he issued was shared within the Trump administration.
“Who did you tell about my order?” Boasberg asked. “Once the hearing was done, who did you tell?”
He required Ensign to list names and job titles.
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