5 questions about Judge Boasberg and the disputed El Salvador deportation flights

1. What happened with the deportation flights in March?

On March 15, the government flew Venezuelan migrants identified as Tren de Aragua gang members and some Salvadorans to El Salvador on three flights, using the Alien Enemies Act as legal authority. Judge James Boasberg ordered the planes grounded during a hearing that day, but the flights proceeded anyway — two were already airborne, and the third departed after his order. The Supreme Court later ruled that Judge Boasberg didn’t have jurisdiction over the flights, but he remains concerned that his orders were intentionally defied.

2. Why is Homeland Security Secretary Kristi Noem facing potential contempt charges?

Judge Boasberg believes his order to stop the flights was clear and that officials deliberately ignored it. In a sworn filing Friday, Secretary Noem stated she gave the order to complete the flights despite what the judge considers clear instructions to turn the planes around. The Justice Department argues the orders weren’t clear and that Noem wasn’t intentionally defying the judge, but has told Boasberg to proceed with criminal contempt proceedings if he disagrees, rather than forcing officials to testify in person.

3. What did the whistleblower claim about the flights?

Erez Reuveni, a now-fired Justice Department lawyer, claimed he participated in a meeting where senior officials strategized about ignoring any judge who would try to ground the flights. He specifically identified Emil Bove, who was serving in a senior Justice Department role at the time and has since been appointed to a federal appeals court, as being involved in these discussions. Lawyers for the migrants want both Reuveni and Bove to testify about what occurred.

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4. Why does the government say the third flight wasn’t covered by the judge’s order?

The Justice Department argues that while two planes were already airborne when Judge Boasberg issued his order, making those migrants technically already removed from the U.S., the third flight that departed afterward only carried people being deported under normal immigration law rather than the Alien Enemies Act. Since the judge’s ruling specifically addressed deportations under the Alien Enemies Act, the government contends the third flight wasn’t subject to his order.

5. What happens next in this legal dispute?

Judge Boasberg must decide whether to accept the written declarations from Secretary Noem and the lawyers who advised her, or demand in-person testimony from officials involved in the decision. The Justice Department is urging him to either accept the declarations or proceed directly to criminal contempt referrals, arguing that compelling testimony would violate separation of powers and that any testimony should occur at trial, not beforehand. Meanwhile, articles of impeachment have been filed against Judge Boasberg in the House over his handling of this and other matters.

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