The U.S. Court of Appeals for the D.C. Circuit has repeatedly intervened, effectively shielding the Trump administration from accountability regarding the March 15 deportation flights conducted under the Alien Enemies Act (AEA). A series of rulings, often by panels including Trump-appointed judges, have either halted, vacated, or stayed U.S. District Court Chief Judge James Boasberg's efforts to investigate potential criminal contempt by the administration for allegedly defying court orders to turn those planes around.
The appellate court's actions have created a tangled legal battle, with the Justice Department frequently petitioning the D.C. Circuit for extraordinary relief, such as writs of mandamus, to block Boasberg's proceedings. These filings often characterized Boasberg's inquiry as an "ongoing illegal inquiry" and a "spectacle," while Boasberg himself has pressed forward, deeming his investigation necessary due to a lack of sufficient answers from the administration, particularly concerning the decisions made by officials like Homeland Security Secretary Kristi Noem.
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Back-and-Forth Over Testimony and Accountability
Judge Boasberg has sought direct testimony from administration officials, including Deputy Assistant Attorney General Drew Ensign and former DOJ attorney Erez Reuveni, a whistleblower who alleged that DOJ leadership considered ignoring court orders. Boasberg has cited the administration's responses as "cursory" and insufficient, particularly regarding whether Homeland Security Secretary Kristi Noem willfully violated his order. He expressed a belief that "justice requires me to move promptly on this" and noted that the flights continued to El Salvador despite his explicit instructions to halt them.
However, the D.C. Circuit has consistently stepped in. In multiple instances, the appellate court, through its panels, has either administratively stayed or completely blocked Boasberg's orders. The rationale has varied, sometimes focusing on the appellate court's lack of jurisdiction to hear the Justice Department's appeals or arguing that Boasberg had overstepped his bounds by ordering testimony rather than accepting written declarations.
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Shifting Legal Landscape and Underlying Dispute
The core of the dispute revolves around whether the Trump administration willfully violated Judge Boasberg's March 15 order, which aimed to halt deportations under the Alien Enemies Act. Boasberg found probable cause to believe criminal contempt had occurred, particularly after the U.S. Supreme Court later vacated his initial order, which had put a temporary restraining order on the deportations. The administration has consistently argued that the planes were already out of U.S. airspace or that the judge's instructions were unclear, thus negating any possibility of willful violation.
The D.C. Circuit's involvement has significantly delayed and complicated Boasberg's investigation. While at one point the full D.C. Circuit declined to grant a petition for en banc review, it clarified that Boasberg could continue his inquiry, leading to renewed efforts by the DOJ to halt proceedings. The legal back-and-forth has raised questions about the separation of powers between the judiciary and the executive branch, with the DOJ arguing that the district court's actions "egregiously intrude on the Executive Branch's exclusive prosecutorial powers."
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Background: The Alien Enemies Act and Deportation Flights
The controversy stems from deportations conducted under the 'Alien Enemies Act' (AEA), a statute dating back to 1798 that grants the president broad powers during times of declared or undeclared war. In March 2025, Judge Boasberg issued orders intended to prevent the deportation of certain individuals to El Salvador, specifically to the notorious CECOT mega-prison. Despite these orders, flights continued, prompting Boasberg's contempt inquiry. The Supreme Court's subsequent ruling that individuals targeted under the AEA have the right to a hearing in federal court before removal further complicated the legal landscape, though it did not entirely extinguish the contempt proceedings. The migrants deported in these flights were later released from the Salvadoran prison as part of a prisoner swap.