Chief Judge James Boasberg has found probable cause to pursue contempt charges against Trump administration officials for defying his order to halt deportations under the Alien Enemies Act. Despite the Supreme Court later vacating Boasberg's order due to jurisdictional issues, defying a court order- even one overturned later-can still result in criminal contempt. The administration had deported individuals to El Salvador, violating the court's directive, with some detainees ending up in notorious prisons. Judge Paula Xinis is also considering contempt proceedings against Trump officials involved in similar actions.
However, enforcement of any contempt rulings is uncertain, as law enforcement agencies fall under the Executive Branch, headed by Trump.
If the Justice Department refuses to prosecute, Boasberg can appoint an external attorney for the trial, though logistical enforcement remains improbable.
This situation raises concerns about the effectiveness of judicial checks on executive power and the potential erosion of the rule of law.