American Civil Liberties Union lead attorney Lee Gelernt holds a press conference outside the U.S. District Court for the District of Columbia after a March 21, 2025, hearing on deportation flights that occurred despite a court’s restraining order in place. (Photo by Ariana Figueroa/States Newsroom)  

WASHINGTON — U.S. District Judge James Boasberg said Wednesday he will proceed with his inquiry on whether there is sufficient evidence to charge officials in the Trump administration with contempt for violating his order to return deportation flights to the United States.

Following an appeals ruling last week, Boasberg has the ability to resume a contempt investigation against the Trump administration relating to his March 15 order, which required several deportation planes that contained hundreds of Venezuelan men removed under an obscure wartime law to return to the U.S. Instead, the planes landed in El Salvador, and 137 men were detained at the mega-prison known as CECOT.

“I certainly intend to find out what happened that day,” Boasberg said.

He ordered the Department of Justice and the American Civil Liberties Union, which brought the suit against the government, to submit by Monday filings on how to proceed with the inquiry, such as potential witnesses and hearings as well as sworn declarations to the court. 

An attorney on behalf of the Department of Justice, Tiberius T. Davis said the Trump administration doesn’t believe Boasberg should move forward with the inquiry.

Boasberg cited several appellate judges who have ruled that he has the ability and jurisdiction to continue his fact-finding inquiry into the events of March 15.

“Justice requires me to move promptly,” he said.

Boasberg told Davis that he wants to get to the bottom of which official, or officials, gave the order to ignore his temporary restraining order to turn the planes back toward U.S. soil while they were in the air. 

Removals challenged

Additionally, Boasberg heard arguments from ACLU lead attorney Lee Gelernt on a request to require the Trump administration to give the 137 Venezuelan men the opportunity to challenge their removal under the Alien Enemies Act of 1798. 

The men removed under the law remained at CECOT for several months until they were returned to Venezuela in a prisoner exchange. 

Gelernt said that a majority of that group want the opportunity to challenge their removal under the wartime law, in the form of a habeas petition, which immigrants use to challenge their detention. He said the ACLU has been able to reach about one-third of the group members and they wish to pursue their claims either back in the U.S. or through a virtual hearing. 

“They are still very, very traumatized about what happened,” Gelernt said, adding that many fear being returned to CECOT if they come back to the U.S.

Remote hearings?

Davis argued that if the men want to continue with their habeas claim, then they would have to be detained in the U.S., rather than make the challenge virtually. 

“To fulfill a habeas, they have to be in our custody one way or another,” Davis said. 

He said they would likely be taken to the U.S. naval base in Guantanamo Bay, Cuba, but said that was not definite. 

Gelernt said the federal government should provide a plan in order for the men to make their due process claim.  

“Some may want to know if there is a remote option, if they found a sufficiently safe hiding place within Venezuela,” Gelernt said.

Boasberg agreed, and said the U.S. Supreme Court also agreed when it ordered the Trump administration to facilitate the return of the wrongly deported Kilmar Abrego Garcia as part of a due process case. 

Abrego Garcia was also taken to CECOT and detailed the physical and psychological torture he experienced there.