A federal appeals court has delivered a major victory to the Trump administration by tossing out a contempt threat issued by U.S. District Judge James Boasberg, an Obama-appointed judge who had tried to block the deportation of Venezuelan illegal immigrants to a third country.
In a 2-1 ruling handed down Friday, the U.S. Court of Appeals for the District of Columbia Circuit rejected Boasberg’s finding that there was probable cause to hold Trump officials in contempt for failing to reverse a deportation flight already en route to El Salvador. The deportees were reportedly being transferred under a Trump-era third-country agreement, which allows for the lawful removal of illegal aliens to nations willing to receive them — in this case, El Salvador.
Judge Boasberg had blocked the deportation in March, issuing an emergency order to halt the flight. When the administration refused to recall the aircraft mid-flight, Boasberg accused officials of defying the court and began moving toward criminal contempt. He claimed the administration had failed to provide a satisfactory explanation and warned that officials could face punishment.
But the appeals court forcefully disagreed, stating that the lower court overstepped its authority by interfering with core executive functions, including foreign policy and immigration enforcement. A concurring opinion emphasized the dangerous precedent that would be set if the judiciary could micromanage executive deportation procedures mid-flight, especially involving foreign governments.
The decision strikes down what the Trump administration had described as an “activist power grab” by Boasberg — whom critics note is married to a left-wing activist who founded a D.C.-area abortion clinic and has donated to Democratic causes.
Friday’s ruling also builds on a separate Supreme Court victory for Trump last month, which upheld the administration’s right to deport illegal immigrants to “third countries.” That decision reaffirmed that the executive branch can lawfully partner with foreign governments to remove migrants, especially in cases where their home nations refuse repatriation or where domestic protections prevent direct return.
The case that triggered Boasberg’s order involved Venezuelan nationals the administration sought to deport to El Salvador — a country with which the U.S. maintains security cooperation agreements to house migrants considered threats or flight risks. Immigration activists quickly sued, prompting Boasberg to issue a restraining order that the Trump administration said was both legally and operationally unfeasible to enforce once a plane was already airborne.
Legal experts have argued that Boasberg’s approach risked eroding the balance of powers and infringing on the president’s constitutional authority over immigration and foreign relations. Friday’s appeals court decision appears to echo that concern and reasserts the boundaries of judicial intervention.
The White House hailed the ruling, with one senior official calling it “a long overdue rebuke to unelected judges trying to dictate immigration policy from the bench.” The administration said it will continue to use every lawful tool to deport illegal aliens and secure the border — including third-country transfers when appropriate.
Judge Boasberg has not issued a response to the appeals court ruling.
Meanwhile, the Department of Homeland Security confirmed that deportations to El Salvador under the Trump directive are continuing as planned. A spokesperson for DHS said the court’s decision ensures the administration can maintain operational security and honor international agreements without interference from “activist judges pushing open-borders ideology.”
With the 2026 midterms approaching and immigration again front and center, the appeals court decision reinforces a central pillar of Trump’s second-term agenda: restoring executive power over the border, despite fierce opposition from the left and activist-led lawsuits.
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