“Criminal contempt is available only for the violation of an order that is clear and specific,” stated Judge Neomi Rao, reflecting the court’s rationale behind a recent decision that has significant implications for the Trump administration’s immigration policies.
A federal appeals court in Washington, DC, ruled 2-to-1 to block contempt proceedings initiated by Judge James Boasberg concerning the deportation of 137 Venezuelan nationals to El Salvador under the Alien Enemies Act. This ruling, made on April 14, 2026, has been described as a “clear abuse of discretion” by the majority opinion, which included two judges appointed by former President Trump.
The contempt probe was launched after Boasberg sought to investigate the legality of deportation flights that occurred in March 2025. The court’s majority criticized Boasberg’s inquiry as “intrusive” and potentially harmful to national security deliberations. Rao emphasized that Boasberg’s order did not explicitly prevent the Trump administration from transferring immigrants, a key point in the court’s decision.
In a dissenting opinion, Judge J Michelle Childs, a Biden appointee, argued that Boasberg was merely trying to understand the facts surrounding the deportations, which included allegations that the deported individuals had links to the Tren de Aragua gang.
The Trump administration has faced ongoing scrutiny regarding the legality of its deportation flights during Trump’s second term. Following the ruling, Todd Blanche, an attorney for the administration, remarked, “The ruling should finally end Judge Boasberg’s year-long campaign against the hardworking Department attorneys doing their jobs fighting illegal immigration.”
Details remain unconfirmed regarding any potential next steps from the Trump administration or further legal challenges. However, the appeals court’s decision marks a significant moment in the ongoing debate over immigration enforcement and judicial oversight.