As the Trump administration squares off with a federal judge over deportation flights, some are asking: what are the consequences if Trump defies a federal judge or the judge’s orders?
THE BACKGROUND: Over the weekend, Trump invoked an obscure 18th century law to justify secretive deportation flights to quickly bypass regular legal proceedings.
- Civil rights groups and legal advocates filed suit, arguing the deportees were illegally deprived of due process.
A federal judge, James E. Boasberg, halted the deportations and ordered that any planes in the air be turned around, but the flights continued.
- In court on Monday, the judge demanded answers from the Justice Department about the flights.
Since then, the DOJ has been dragging its feet on answering those questions.
THE LEGAL OPTIONS: If the DOJ continues to stonewall, Judge Boasberg has several tools at his disposal:
- Contempt of Court Orders: The judge could hold the government in civil or criminal contempt, imposing fines or even referring officials for prosecution if noncompliance persists.
- Sanctions Against the DOJ: Boasberg could strike the DOJ’s legal arguments, issue adverse inferences assuming unlawful conduct, or limit its ability to defend itself in related cases.
- Appointment of a Special Master: If the DOJ refuses transparency, an independent investigator could be assigned to review classified information.
- Stronger Injunctions: The judge could broaden restrictions on deportations, blocking the use of the Alien Enemies Act until compliance is met.
- Referral to Congress: If the administration continues to resist oversight, Boasberg could call for congressional hearings, potentially escalating scrutiny into impeachment discussions.
THE BIGGER PICTURE: This case represents a constitutional battle over checks and balances. Trump’s claim that the Alien Enemies Act shields his actions from judicial review challenges fundamental democratic principles. If courts are ignored, it sets a dangerous precedent for executive power, paving the way for future presidents to rule with impunity.
WHAT’S NEXT: The DOJ has until Thursday to comply or formally invoke the state-secrets doctrine. If they continue to resist, this case could escalate into a historic legal confrontation over the limits of presidential power.