Federal Appeals Court to Decide on Criminal Contempt Inquiry Linked to Venezuelan Migrants

The federal appeals court is set to review whether a criminal contempt investigation into the Trump administration can proceed. This centers on the deportation of Venezuelan migrants to El Salvador. Former Homeland Security Secretary Kristi Noem is identified as the key official in this case. She allegedly approved the transfer of Venezuelan detainees to El Salvador’s CECOT prison in March 2025, despite a judicial order halting their removal.

On Tuesday, the full D.C. Circuit will assess if a judge can continue his investigation and potentially refer a criminal contempt charge. Newsweek reached out to Noem, the Department of Homeland Security, and the Department of Justice, who are defending the government in this case, for comments.

Dispute Over Flights

The conflict dates back to 2025 when the Trump administration attempted to deport Venezuelan migrants. These individuals were accused of being members of the Tren de Aragua gang under the Alien Enemies Act. On March 15, 2025, while two planes carrying detainees were airborne, Chief Judge James Boasberg of the U.S. District Court for the District of Columbia issued a temporary restraining order. The decree prevented the deportation of the migrants for 14 days or until further court order. Nevertheless, these planes continued to El Salvador.

The Supreme Court later nullified Boasberg’s order, stating that the migrants’ legal challenges should occur in the district courts where they were held. Despite the ruling, Boasberg pursued his contempt investigation, stating the subsequent decision didn’t excuse the government’s potential violation of his order.

The Government Names Noem

In April 2025, Boasberg declared there was probable cause to suspect the government deliberately violated his order. He considered launching a criminal contempt inquiry. Months later, responding to his questions, the government identified Noem as the decision-maker for moving the detainees to El Salvador. She reportedly decided after consulting with government attorneys.

Boasberg initially issued an oral instruction on March 15, after the planes had taken off, indicating the migrants shouldn’t be deported and any planes must return to the U.S. The government contended this oral order wasn’t binding. They highlighted a subsequent written order, issued shortly after, prevented “removing” the migrants but didn’t specifically demand their return if they had already left.

Noem, as indicated by the government, instructed the detainees to be transferred into Salvadoran control, leading to their placement in CECOT, a high-security facility.

Legal Battle Continues

The government argued Boasberg exceeded his authority by pursuing the contempt investigation. In April 2026, an appeals court panel, in a split ruling, instructed Boasberg to cease the investigation. The majority opinion stated the written order lacked the clarity to justify criminal contempt regarding the migrant transfer. It argued Boasberg overreached by delving into high-level Executive Branch discussions concerning national security and diplomacy.

Full Appeals Court to Review

The full D.C. Circuit has agreed to reassess the panel’s decision. The court will decide whether Boasberg can pursue his criminal contempt inquiry. If permitted, Noem may face a criminal contempt referral for her involvement in the transfer decision, contingent upon sufficient evidence. Noem, whom President Donald Trump dismissed from her DHS role in March 2026, doesn’t face any charges currently.

In August, 204 former judges urged the appellate court to allow the contempt inquiry to continue. They asserted the district court’s investigation was “wholly proper and appropriate.” The en banc court will hear arguments on Tuesday.