Deportation flights continued despite a judge's halt order
Continuing flights after a court halt prompted a Chief Justice rebuke and a contempt fight that is still live.
Key facts
- Flights continued after Judge Boasberg's verbal halt order
- Chief Justice Roberts issued public rebuke March 18, 2025
- Probable-cause contempt finding (April 2025) vacated; inquiry re-blocked April 2026; full D.C. Circuit rehearing, argument Sept 29, 2026
Summary
On March 14-15, 2025, Trump invoked the Alien Enemies Act to deport alleged Venezuelan gang members to El Salvador's CECOT prison. After U.S. District Judge James Boasberg verbally ordered deportation flights turned around on March 15, the administration continued the flights, claiming the order did not apply because planes were over international waters.
What happened
Judge Boasberg issued a Temporary Restraining Order and then verbally ordered planes already in the air to return. The administration flew the planes to El Salvador regardless, later asserting the verbal order was ineffective. On March 17, Boasberg found the government's sworn explanations "woefully insufficient." On April 17, 2025, Boasberg found "probable cause" to hold the Trump administration in criminal contempt; a D.C. Circuit panel vacated that finding 2-1 via mandamus on August 8, 2025. The full D.C. Circuit on November 14, 2025 let the panel decision stand but signaled Boasberg could proceed, and he resumed the criminal-contempt inquiry on November 19, 2025; a 2-1 D.C. Circuit panel again blocked further contempt steps on April 14, 2026. In February 2026, Boasberg separately ordered the government to facilitate the return of certain Venezuelans removed to El Salvador who are challenging their removals; the Justice Department appealed. Trump responded to the original ruling by calling for Boasberg's impeachment on Truth Social, prompting a rare public rebuke from Chief Justice John Roberts on March 18, 2025.
Impact on the United States
Continuing the flights after a federal judge ordered them turned around - conduct Judge Boasberg found gave probable cause for criminal contempt, a finding vacated on appeal and now being reheard by the full D.C. Circuit - raised the prospect of executive non-compliance with court orders. Chief Justice Roberts issued a rare public statement that "impeachment is not an appropriate response to disagreement concerning a judicial decision."
Documented effects
- Chief Justice Roberts issued a public rebuke March 18, 2025, after Trump called for Judge Boasberg's impeachment - a statement CBS News described as rare[1]
- Boasberg found probable cause for criminal contempt on April 17, 2025; a D.C. Circuit panel vacated the finding 2-1 via mandamus on August 8, 2025[2][4]
- After the full D.C. Circuit let the panel ruling stand (Nov 14, 2025), Boasberg resumed the criminal-contempt inquiry Nov 19, 2025, but a 2-1 panel again blocked further contempt steps on April 14, 2026; in February 2026 Boasberg also ordered the government to facilitate the return of certain of the deported Venezuelans (DOJ appealed)[2][5][6]
- Supreme Court blocked further AEA deportations via emergency order in April 2025, affirming due process rights for Venezuelans[3]
- The full D.C. Circuit vacated the split panel ruling that had halted Judge Boasberg's criminal-contempt inquiry and agreed to rehear the matter.[7]
- The en banc D.C. Circuit was set to hear argument on September 29, 2026 on whether the contempt inquiry may proceed; if it does, former Homeland Security Secretary Kristi Noem could face a criminal contempt referral over the March 2025 transfers.[8]
Why this is rated severe
The flights continued after a federal judge ordered them turned around; the judge found probable cause for criminal contempt, a finding vacated on appeal and now before the full D.C. Circuit.
contempt probable-cause found Apr 2025, vacated by D.C. Circuit; inquiry resumed then re-blocked Apr 2026; full D.C. Circuit vacated that panel ruling and granted rehearing June 2026, with argument set for September 29, 2026
Corrections & updates [9]
Every change to a fact on this page after publication is logged here, newest first.
- CorrectedSource
Two sources were labeled as major news (Tier 2): Law Dork, an independent legal newsletter, and an ACLU press release (the ACLU is a litigant and advocacy group). Both are relabeled Tier 3. The claims they support are also backed by CBS News and CNN.[2][5]
- UpdatedStatus
Updated: on June 22, 2026 the full D.C. Circuit vacated the split panel ruling that had halted Judge Boasberg's criminal-contempt inquiry and agreed to rehear the matter; the en banc court was set to hear argument on September 29, 2026.[7][8]
- CorrectedSummary
CBS News calls Chief Justice Roberts' March 18, 2025 statement rare but notes it was not the first time he pushed back on Trump's comments (he also did so in 2018). The 'first such statement in the modern era' and 'legal scholars' characterizations were not supported and were removed.[1]
- CorrectedDate
Per CBS News, Judge Boasberg ordered the government to facilitate the return of certain of the Venezuelans removed to El Salvador in February 2026, not December 2025, and the Justice Department appealed that order.[2]
- CorrectedSource
Source date corrected: the cited Law Dork article reports the April 14, 2026 D.C. Circuit ruling, not an August 8, 2025 ruling. The August 2025 vacatur is supported by CBS News.[4][2]
- ClarifiedTitle
The title and display headline stated as fact that the administration defied a court order, while whether that amounted to contempt is still being decided (the full D.C. Circuit is rehearing the contempt question). They now describe what happened: the flights continued after the judge ordered them turned around. Judge Boasberg's April 2025 probable-cause finding, later vacated, is described in the entry.[1][2][7][8]
- CorrectedSource
Law360, a legal trade publication, was labeled as major news (Tier 2). It is relabeled as specialist press (Tier 3). The entry keeps its CBS News, NPR and CNN sources.[2]
- ClarifiedSeverity rationale
Replaced a characterization with the court findings documented in the entry. Severity unchanged.
+ Show previous and current text- Hide previous and current text
- Previously
- Continuing deportation flights after a court order to turn back set a severe precedent of executive non-compliance with the judiciary.
- Now
- The flights continued after a federal judge ordered them turned around; the judge found probable cause for criminal contempt, a finding vacated on appeal and now before the full D.C. Circuit.
- CorrectedDisplay copy
A key fact said the matter was 'then reheard by the full D.C. Circuit.' The full court granted rehearing in June 2026, with argument set for September 29, 2026; the text now says so.[7][8]
- Previously
- Probable-cause contempt finding (April 2025) vacated; inquiry re-blocked April 2026, then reheard by the full D.C. Circuit
- Now
- Probable-cause contempt finding (April 2025) vacated; inquiry re-blocked April 2026; full D.C. Circuit rehearing, argument Sept 29, 2026
Sources [8]
- T2CBS News - Chief Justice Roberts says impeaching judges 'not an appropriate response' to disagreement, rebuking Trump · Mar 18, 2025 ↗
- T2CBS News - Appeals court shuts down criminal contempt probe over deportation flights of Venezuelan migrants · Apr 14, 2026 ↗
- T2NPR - Supreme Court blocks, for now, new deportations under Alien Enemies Act · Apr 18, 2025 ↗
- T3Law Dork - DC Circuit Trump appointees again block contempt inquiry over Alien Enemies Act deportations · Apr 14, 2026 ↗
- T2CNN - Boasberg to resume contempt-of-court inquiry over Alien Enemies Act flights · Nov 19, 2025 ↗
- T3ACLU - ACLU comment on appeals court panel ruling on Alien Enemies Act contempt issue · Apr 14, 2026 ↗
- T3Law360 - Full DC Circ. To Rehear Halt Of Alien Enemies Contempt Probe · Jun 22, 2026 ↗
- T2Newsweek - Judges Weigh Kristi Noem's Potential Criminal Case · Sep 28, 2026 ↗
Image: Pelajanela, CC BY-SA 4.0 (Wikimedia Commons)
