Overview

• In a 2-1 ruling on August 8, Judges Gregory Katsas and Neomi Rao halted criminal contempt charges, with Judge Cornelia Pillard dissenting that the decision weakens judicial authority
• Chief Judge James Boasberg initiated contempt proceedings after the administration refused to comply with his injunction to return Venezuelan migrants sent under the Alien Enemies Act
• Plaintiffs including the ACLU, Democracy Forward and ACLU-D.C. say they intend to pursue further appeals, potentially seeking Supreme Court review to reinstate the contempt inquiry
• Legal observers warn the case underscores a growing separation-of-powers clash over whether courts can enforce orders against core executive immigration and foreign policy actions
• Independent investigations and survivor accounts indicate that most migrants sent to El Salvador’s CECOT prison had no criminal convictions and suffered abuse, fueling due-process and human-rights concerns