Department of Homeland Security Secretary Kristi Noem directed hundreds of Venezuelan nationals to be removed from the United States despite a federal judge demanding that deportation flights turn around.
“After receiving that legal advice, Secretary Noem directed that the AEA detainees who had been removed from the United States before the Court’s order could be transferred to the custody of El Salvador,” the Department of Justice argued in a court filing, arguing that the “decision was lawful and was consistent with a reasonable interpretation of the Court’s order.”
“Although the substance of the legal advice given to DHS and Secretary Noem is privileged, the Government has repeatedly explained in its briefs—both in this Court and on appeal—why its actions did not violate the Court’s order, much less constitute contempt,” the DOJ argues. “Specifically, the Court’s written order did not purport to require the return of detainees who had already been removed, and the earlier oral directive was not a binding injunction, especially after the written order.”
“Accordingly, the Government maintains that its actions did not violate the Court’s order—certainly not with the clarity required for criminal contempt—and no further proceedings are warranted or appropriate,” the filing explains.
In April, Judge James Boasberg announced that he found probable cause to hold the Trump administration in criminal contempt for disobeying his order to halt deportation flights.
“The Court ultimately determines that the Government’s actions on that day demonstrate a willful disregard for its Order, sufficient for the Court to conclude that probable cause exists to find the Government in criminal contempt,” Boasberg wrote in the opinion. “The Court does not reach such conclusion lightly or hastily; indeed, it has given Defendants ample opportunity to rectify or explain their actions. None of their responses has been satisfactory.”
