Demonstrators gather in a nationwide "Hands Off!" protest against President Donald Trump and Elon Musk in Boston on Apr. 5, 2025. (Joseph Prezioso/AFP via Getty)
At issue in both cases is President Donald Trump’s use of the Alien Enemies Act, a wartime immigration law the administration invoked last month to immediately deport certain individuals from the U.S. to El Salvador.
Hours after Trump’s March 14 proclamation that he would use the law to deport certain migrants — including alleged members of the gangs MS-13 and Tren de Aragua, or TdA — the U.S. sent more than 260 migrants to El Salvador to be detained in the country’s maximum-security prison.
The weeks since have been characterized by a wave of frantic court proceedings, appeals, and emergency Supreme Court orders, as judges across the country weigh the administration’s use of the wartime law.
WHO IS JAMES BOASBERG, THE US JUDGE AT THE CENTER OF TRUMP'S DEPORTATION EFFORTS?
The Supreme Court building in Washington, D.C. (AP Photo/J. Scott Applewhite, File)
At a hearing last week, Xinis ordered an "intense" and expedited two-week discovery period to determine whether the Trump administration has acted in good faith to comply with her order to return Abrego Garcia. Should they fail to supply the required information, or indicate they acted in bad faith, she could have sufficient information to move to consider possible contempt proceedings.
Additionally, in a related case, U.S. District Judge James Boasberg said there was probable cause to find Trump administration officials in criminal contempt for defying his order to return deportation flights to El Salvador on March 15.
In a 48-page ruling, Boasberg accused the government of "willful disregard" for court directives, citing missed deadlines to submit flight details and identify officials who knew about his emergency order halting removals. Although a federal appeals court in D.C. has paused the contempt proceedings, Boasberg has requested further declarations and warned that officials may be required to testify under oath.
If they fail to comply, the judge could refer the case to the Justice Department for prosecution or appoint outside counsel if DOJ declines.
Gang members seen in a cell at the Terrorism Confinement Center, or CECOT, in Tecoluca, in San Vicente, El Salvador. Photo via Getty Images. (Alex Pena/Anadolu via Getty Images)
The appeals court that paused Boasberg’s contempt proceedings did so temporarily, requesting additional briefing from both the Justice Department and ACLU attorneys representing the plaintiffs.
What happens next remains uncertain. Trump officials have repeatedly railed against so-called "activist judges," accusing courts of obstructing the administration’s immigration agenda. In an earlier emergency appeal, officials claimed Boasberg's actions amounted to a "massive, unauthorized imposition on the Executive’s authority to remove dangerous aliens," arguing those individuals "pose threats to the American people."
Meanwhile, Judge Xinis's order in Maryland comes amid a flurry of immigration-related legal battles nationwide, as Trump pushes forward with his border security priorities.
Earlier this month, the Supreme Court ruled 5–4 that the administration can continue using the Alien Enemies Act to deport migrants, provided they receive due process protections, including the right to challenge removals in court.
Separately, federal judges in New York and Texas temporarily blocked use of the Alien Enemies Act in specific cases, siding with plaintiffs who argued certain migrants could be removed without a chance to seek habeas relief.
The White House did not immediately respond to Fox News Digital's request for comment on next steps in the Abrego Garcia case, or on the possibility that Xinis might move on possible contempt proceedings.
Breanne Deppisch is a national politics reporter for Fox News Digital covering the Trump administration, with a focus on the Justice Department, FBI, and other national news.
https://www.foxnews.com/politics/two-federal-judges-may-hold-trump-contempt-he-defies-courts-immigration-crackdown