A federal appeals court will review if a criminal contempt inquiry into the Trump administration can proceed. This revolves around the deportation of Venezuelan migrants to El Salvador. Former Homeland Security Secretary Kristi Noem is central to the controversy as the government identified her as responsible for transferring these detainees to El Salvador’s CECOT prison in March 2025. This action occurred despite a judge’s order halting their removal.
Legal Dispute Over Deportation Flights
In 2025, under the Trump administration, efforts were made to deport Venezuelan migrants, alleged members of the Tren de Aragua gang, using the Alien Enemies Act. On March 15, 2025, two planes with detainees were airborne when U.S. District Judge James Boasberg issued a temporary restraining order. The order paused the deportation for 14 days or until further directions. Nonetheless, the planes continued to El Salvador. The Supreme Court later nullified Boasberg’s order, asserting that legal challenges should occur where the migrants were detained. Yet, Boasberg persevered with his contempt inquiry, insisting that the subsequent ruling did not negate the possible breach of his directive.
Noem’s Role Revealed
Judge Boasberg claimed in April 2025 that he found probable cause to suspect a deliberate order violation, contemplating a criminal contempt inquiry. As investigations progressed, the government pinpointed Noem as the official behind the decision to transfer detainees to El Salvador. This followed legal consultations. Initially, Boasberg’s verbal order on March 15 called for returning the planes before the court’s written order an hour later, which stopped the removal but didn’t demand returning those already en route. Consequently, Noem authorized the transfer to Salvadoran custody at CECOT prison.
Continued Legal Disputes
The government maintained Boasberg surpassed his authority in the contempt inquiry. In April 2026, an appeals court panel, split in decision, ordered Boasberg to conclude the contempt inquiry. The panel determined the written order lacked clarity to justify criminal contempt for the transfer, asserting Boasberg overreached by delving into “high-level Executive Branch deliberations” concerning national security and diplomacy.
Full Appeals Court Reconsiders
The full D.C. Circuit agreed to reassess the panel’s outcome, deliberating if Boasberg can pursue the criminal contempt inquiry. Should the court favor continuation, Noem might face a criminal contempt referral if ample evidence emerges regarding her involvement in the migrant transfer. Noem has not faced criminal charges, although President Donald Trump removed her as the Department of Homeland Security secretary in March 2026. In recent advocacy, 204 former judges urged the appellate court to sustain the contempt inquiry, labeling the district court’s actions as “wholly proper and appropriate.” The en banc court is set to hear arguments.
Newsweek editors Matthew Cannon and Sam Wilson have been contacted for comments.
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