Considering Contempt

A federal court hearing on Thursday brought sharp scrutiny over recent deportations carried out under a centuries-old immigration statute. U.S. District Judge James Boasberg questioned attorneys representing the federal government about whether deportations of Venezuelan nationals violated an earlier court order blocking such actions.

The controversy centers around the use of the 1798 Alien Enemies Act, a law historically reserved for times of war, which officials recently invoked to deport certain individuals, including suspected members of criminal organizations. However, Judge Boasberg had issued an emergency injunction last month temporarily halting those deportations while legal challenges moved forward.

During a tense courtroom exchange, Boasberg pressed Deputy Assistant Attorney General Drew Ensign for clarification on the events of March 15, the day the deportations took place. According to reports, at least 261 migrants were flown out of the U.S., including over 100 Venezuelan nationals, raising concerns about whether the administration had respected the court’s order.

“You maintain that the government was in full compliance with the court’s order on March 15, correct?” Boasberg asked. After Ensign confirmed, the judge expressed skepticism, suggesting the government’s actions may have reflected bad faith.

“If you really believed everything you did that day was legal and would survive a court challenge, you would not have operated the way that you did,” Boasberg remarked.

Another focus of the hearing was the timeline and transparency surrounding the deportations. Boasberg inquired about who knew about the flights and whether key information, such as departure times, had been classified. Although government lawyers cited national security concerns, Ensign acknowledged that much of the flight information may not have been classified, leaving the judge to question why it was withheld even in private court briefings.

“Pretty sketchy,” Boasberg said during a particularly pointed moment.

At the conclusion of the hearing, Boasberg stated that he would decide as early as next week whether to pursue contempt proceedings based on the evidence presented. Meanwhile, the legal battle over the broader use of the Alien Enemies Act continues, with an appeal currently pending before the Supreme Court.

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