Overview

• The U.S. Court of Appeals for the D.C. Circuit voted 2-1 to vacate Judge James Boasberg’s April finding of probable cause for criminal contempt after administration officials defied his order to halt deportation flights under the Alien Enemies Act
• Judges Gregory Katsas and Neomi Rao argued Boasberg’s contempt proceedings intruded on executive foreign affairs authority and forced officials to choose between defying an unlawful order or facing prosecution; Judge Cornelia Pillard dissented
• The decision eliminates the threat of fines or imprisonment for senior officials involved in the March deportations of alleged Venezuelan gang members to El Salvador’s CECOT prison without individualized hearings
• Separately, the Justice Department has asked the Supreme Court to lift Judge Maame Ewusi-Mensah Frimpong’s July order barring ICE from making roving arrests in the Los Angeles area based solely on race, ethnicity, language or location
• Civil rights advocates and local leaders have challenged the aggressive enforcement tactics as Fourth Amendment violations, sharpening a broader clash over presidential immigration powers and judicial oversight