Trump Administration Embroiled In Standoff With Judges Raising Threats Of Contempt Proceedings
President Donald Trump’s administration has become embroiled in a standoff with the judiciary over its program to send to El Salvador illegal migrants who are allegedly members of criminal gangs now declared as foreign terrorist organisations.
A federal judge on Wednesday threatened criminal contempt proceedings against the administration for not following his order to return to the US a plane that was ferrying Venezuelan migrants to a notorious high-security detention centre in El Salvador.
Another federal judge had on Tuesday told the Justice Department that she was going to move against it for failing to comply with orders to bring back a Salvadoran migrant whom the government admitted had been erroneously deported to El Salvador.
She also held out the possibility of contempt proceedings against officials. The threats by the two judges in separate cases to rein in the administration’s deportation actions test the Constitution’s separation of powers between the executive and judicial branches of government.
Trump and his officials have brushed off the judiciary’s threats. Judge James Boasberg said that there was probable cause to hold the administration in contempt for failing to return the migrants en route to El Salvador to give them a chance to challenge their deportation in a US court.
The Justice Department maintains that once the planes were in flight they were out of the court’s jurisdiction and could not be returned. “The Constitution does not tolerate willful disobedience of judicial orders — especially by officials of a coordinate branch who have sworn an oath to uphold it”, Boasberg said.
The administration, which invoked the Alien Enemies Act to deport them, has refused to provide him with details about the migrants, asserting that it would compromise state secrets.
The administration asserted that 238 Venezuelans were members of the dangerous criminal gang Tren de Aragua involved in crimes in the US and abroad and since it has been declared a foreign terrorist organisation it could act against them under the Alien Enemies Act, a 1798 law.
Boasberg said that the government would not have to bring them back, but only give them a chance to challenge their deportation in court.
Failing that, he would require officials to testify under oath to identify those who disregarded his order and prosecute whoever was responsible, he said. When a court cites someone for criminal contempt, the Justice Department prosecutes them.
If it refused to prosecute, Boasberg indicated he would appoint an outside lawyer as the prosecutor. The Trump administration said it would challenge Boasberg, taking it to the Supreme Court where it had earlier notched a partial victory against him in another matter.
On appeal, the Supreme Court struck down a temporary order by Boasberg to stop deportations under the Alien Enemies Act, but upheld the rights of those facing deportation under the law to challenge it in court.
In the other case, the Salvadoran man Kilmar Abrego Garcia was deported by mistake although a judge had ordered that he should not be sent to El Salvador where he may face violence. Judge Paula Xinis ordered the government to bring him back.
On an appeal, the Supreme Court partially sided with the judge, ordering the government to only “facilitate” his return, rather than actually bring him back as Xinis ordered. On Monday, at a White House meeting with Trump, El Salvador’s President Nayib Bukele said he would not release Garcia from the dreaded Centro de Confinamiento del Terrorismo (CECOT) prison for hardened criminals. Attorney General Pam Bondi said that the matter was in the hands of Bukele and Garcia was “not coming back” and it was the “end of story”.
Taking a narrow interpretation of the Supreme Court’s dictum to “facilitate” Garcia’s return, Bondi said if El Salvador released him the US would provide a plane to bring him back.
The government says that though the deportation was a mistake, Garcia belonged to MS-13, a notorious gang with roots in El Salvador. Xinis had asked the Justice Department to provide regular updates on what it was doing to facilitate his return, and information on his case. Frustrated by the government’s refusal to fully respond, she said, “There will be no tolerance for gamesmanship or grandstanding”.
She ordered four government officials to sit for a deposition next week with Garcia’s lawyers. The Administration’s lawyer Dave Ensign indicated that the government may appeal her ruling. Ultimately, the Supreme Court may have the final say on contempt proceedings, and were they to come about it could set the scene for a momentous confrontation between the Trump administration and the judiciary.
Trump has called Boasberg a “radical left lunatic” and a group of Republican members of the House of Representatives have introduced a resolution to impeach him.
–IANS
