A federal appeals court has temporarily paused contempt hearings related to the Trump administration’s use of the Alien Enemies Act to deport Venezuelan migrants to El Salvador. The hearings were set to begin next week and would have examined whether the administration defied a federal judge’s order to halt the deportations.
Emergency Motion Granted
In a 2–1 decision Friday, the U.S. Court of Appeals for the D.C. Circuit granted an emergency request from the Justice Department to block the proceedings. The pause stems from concerns raised by the DOJ about the scope and implications of the inquiry, according to court filings.
Judge’s Order and DOJ Testimony
U.S. District Judge James Boasberg had ordered senior Justice Department attorney Drew Ensign and former DOJ lawyer Erez Reuveni to testify. The inquiry focused on why two planes carrying migrants continued to El Salvador’s CECOT mega-prison despite Boasberg’s verbal instruction to turn them around.
Justice Department Pushback
In its emergency filing, the DOJ sharply criticized the hearings, calling them a potential “circus” and accusing the judge of harassment. Attorneys argued the proceedings threatened the separation of powers and attorney-client privilege.
Use of the Alien Enemies Act
The deportations occurred in March after the administration invoked the Alien Enemies Act, an 18th-century wartime law that allows removals with limited due process. Officials argued the Venezuelan gang Tren de Aragua constituted a foreign criminal force invading the United States, justifying the action.
Dispute Over Court Orders
Although Judge Boasberg issued a temporary restraining order to stop the deportations, Justice Department lawyers claimed his oral instructions were legally insufficient. As a result, the flights continued, transporting more than 250 alleged gang members to El Salvador.
Ongoing Legal Battle
Boasberg ordered testimony after stating the administration failed to provide enough information to determine whether Homeland Security Secretary Kristi Noem willfully violated his order. The appeals court’s pause now delays further scrutiny as the legal fight continues.
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