A federal appeals court in Washington, D.C., blocked a lower court judge from pursuing criminal contempt proceedings against the Trump administration over the deportation of Venezuelan immigrants last year.
In a 2-1 decision on Tuesday, an appeals panel halted plans by District Judge James Boasberg to hold hearings examining whether former Homeland Security Secretary Kristi Noem and other officials faced criminal charges.
The majority ruled that Boas and the lower court's efforts amounted to a “clear abuse of discretion.”
Judge Neomi Rao, writing for the majority, stated that Boasberg’s March 15, 2025, order to turn around two deportation flights to El Salvador did not explicitly prohibit transferring the immigrants into El Salvador’s custody.
“Criminal contempt is available only for the violation of an order that is clear and specific,” Rao wrote.
She added that the contempt inquiries were “intrusive” and risked exposing high-level deliberations regarding national security and diplomacy.
Legal Clash Over Alien Enemies Act
The case involves the March 2025 removal of 137 Venezuelan nationals. The Trump administration accused the group of having ties to the Tren de Aragua gang.
Officials used the Alien Enemies Act, a 1798 law, to facilitate the deportations. Lawyers for the immigrants argued the use of the law bypassed due process and prevented them from filing appeals.
Some immigrants were also accused of gang membership based solely on tattoos and clothing. Following months in El Salvador’s maximum-security prison, the men were released to Venezuela in July 2025 as part of a prisoner exchange.
Judge Boasberg previously suggested the administration acted “in bad faith” by rushing the flights while he was reviewing the legality of the effort. The Trump administration countered by calling Boasberg a “radical left lunatic” using the bench for political purposes.
The ruling fell along party lines. Trump appointees Judge Neomi Rao and Judge Justin Walker formed the majority, while Biden appointee Judge J. Michelle Childs dissented.
Acting Attorney General Todd Blanche said on X that the ruling should end Boasberg’s “year-long campaign against the hardworking Department attorneys doing their jobs fighting illegal immigration.”
