A US federal judge has warned that he could hold the Trump administration in contempt for violating his orders to turn around planes carrying deportees to El Salvador.
US District Judge James E. Boasberg said he had found “probable cause” to hold the administration in criminal contempt and warned he could refer the matter for prosecution if it does not “purge” its contempt.
If the government doesn’t purge the contempt, charges could be brought forward by the Justice Department, NBC News reported.
And if the executive-led Justice Department refused to prosecute the matter, Judge Boasberg said he would appoint another attorney to prosecute the contempt.
Mr Boasberg said the administration could “purge contempt by returning those who were sent to El Salvador prison, in violation of his order, to the US.
This, he said, “might avail themselves of their right to challenge their removability”.
“The Constitution does not tolerate wilful disobedience of judicial orders – especially by officials of a coordinate branch who have sworn an oath to uphold it,” the judge wrote.
Executive vs judicial
This marks a notable escalation in the ongoing tensions between the judicial and executive branches of the US government during Donald Trump’s second term.
Parts of the US president’s legislative programme have been halted by judges, as the administration strains against the restraints of the separation of powers.
Mr Trump previously called for Judge Boasberg to be impeached while the Justice Department claimed he overstepped his authority – both reflecting the administration’s attempts to overcome perceived obstacles to the implementation of its agenda.
Mr Trump’s administration has also argued it did not violate any orders.
It claimed the judge didn’t include a turnaround directive in his written order and said the planes had already left the US by the time the order came down.
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‘Administrative error’
At the heart of the legal wrangling is Kilmar Abrego Garcia, a man who was sent to El Salvador by the Trump administration in March despite an immigration court order preventing his deportation.
Washington acknowledged that Mr Garcia was deported due to an “administrative error”.
The US Supreme Court has called on the administration to facilitate his return, upholding a court order by Judge Paula Xinis, but Trump officials have claimed that Mr Garcia has ties to the MS-13 gang.
Mr Garcia’s lawyers have argued there is no evidence of this.
This all comes after El Salvador’s President Nayib Bukele visited the White House earlier this week.
During his time with Mr Trump, Mr Bukele said that he would not return Mr Garcia, likening it to smuggling “a terrorist into the United States.”
Along with Mr Garcia, the Trump administration has deported hundreds of people, mostly Venezuelans, whom it claims are gang members without presenting evidence and without a trial.
Democrat senator travels to El Salvador
Meanwhile, Democratic senator Chris Van Hollen arrived in El Salvador on Wednesday, saying he would seek a meeting with the country’s officials to secure Mr Garcia’s release.
“I just arrived in San Salvador a little while ago and look forward to meeting with the US embassy team to discuss Mr. Abrego Garcia’s release,” Mr Van Hollen said on social media.
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Deportations have been an important part of Mr Trump’s second term, with him being vocal on the issue throughout the campaign trail and into office.
