A federal judge has ordered a top Justice Department attorney to testify about the Trump administration’s decision to deport more than 100 men under the Alien Enemies Act in March. U.S. District Judge James Boasberg scheduled Drew Ensign, Deputy Assistant Attorney General for the Office of Immigration Litigation, to testify at a hearing on Dec. 16, alongside Erez Reuveni, a former DOJ attorney, who will testify on Dec. 15.
The deportations involved two planeloads of alleged migrant gang members sent to a prison in El Salvador, with the administration citing the Venezuelan gang Tren de Aragua as a “hybrid criminal state” posing a threat to the U.S. Boasberg had issued a temporary restraining order and instructed that the planes be returned, but DOJ attorneys argued that his oral directives were flawed, allowing the deportations to proceed. The judge subsequently opened a contempt inquiry into whether the government had deliberately defied his orders.
In his Monday order, Boasberg said witness testimony is necessary to clarify the reasoning behind the detainees’ transfer out of U.S. custody. He noted it would be premature to pursue criminal contempt charges given the limited information provided. Sworn declarations from DHS Secretary Kristi Noem and acting DHS general counsel Joseph Mazarra offered details on the legal advice that informed the decision to continue the transfers, but did not provide sufficient evidence of willful violation.
The DOJ maintains that its officials did not intentionally defy the court order and has criticized the judge for exceeding his authority in pursuing the contempt investigation.