US Judge Finds ‘Probable Cause’ for Trump Admin Contempt Over El Salvador Prison Transfers

Washington, D.C. – In a significant legal development challenging the Trump administration’s handling of immigration detainees, a U.S. District Judge declared on Wednesday, April 16, 2025, that he found “probable cause” to hold the administration in criminal contempt of court. The finding by U.S. District Judge James Boasberg centers on the administration’s “willful disregard” of a court order issued just the previous month.

The order in question mandated an immediate halt to flights transferring immigration detainees from the United States to El Salvador’s notorious CECOT mega-prison. Despite this clear directive, flights continued, leading Judge Boasberg to initiate the contempt proceedings. He noted that since the order was issued, officials within the Trump administration have “failed to rectify or explain their actions,” leaving the court no choice but to explore potential punitive measures for non-compliance.

Court Mandates Explanation from Administration

Judge Boasberg has given the administration a strict deadline of April 23 to file a response with the court. This filing must address the alleged non-compliance and provide a detailed explanation for the continued transfers despite the court’s explicit order. The finding of “probable cause” is a preliminary step, indicating the judge believes there is sufficient evidence to proceed with contempt proceedings unless the administration can adequately explain or remedy the situation within the given timeframe. Criminal contempt can carry serious penalties, including fines or even potential imprisonment for officials found to be in deliberate violation of a court’s order.

The case highlights escalating tensions between the judicial branch and the executive branch over immigration enforcement policies and practices, particularly those involving international agreements and the transfer of individuals to facilities outside of U.S. jurisdiction.

Related Diplomatic Efforts Unfold

Adding a diplomatic layer to the legal challenge, Maryland Senator Chris Van Hollen traveled to El Salvador on Wednesday. His visit aimed, in part, to address specific cases of individuals transferred to the CECOT facility. However, Senator Van Hollen’s efforts were hampered when he was prevented from meeting with Kilmar Abrego Garcia, a Maryland father who was among those transferred on the flights that occurred in March, following Judge Boasberg’s initial order.

The transfer of Mr. Abrego Garcia has been particularly contentious. The Department of Homeland Security has publicly acknowledged that his transfer was the result of an “administrative error.” Despite this admission, both the Trump administration in the United States and the government led by President Nayib Bukele in El Salvador have refused to release and return Mr. Abrego Garcia to the United States.

Senator Van Hollen Presses for Release

Speaking in San Salvador after a meeting with Salvadoran Vice President Félix Ulloa, Senator Van Hollen described his efforts to secure Mr. Abrego Garcia’s release. He stated that he had made a direct request to Vice President Ulloa, asking him to convey to President Bukele the urgency of ordering Mr. Abrego Garcia’s return. Senator Van Hollen emphasized that Mr. Abrego Garcia is charged with no crime in either the United States or El Salvador and asserted that he was “illegally abducted from the United States” due to the erroneous transfer.

The Salvadoran government’s position on Mr. Abrego Garcia’s continued detention was clarified during Senator Van Hollen’s meeting with Vice President Ulloa. According to Senator Van Hollen, the vice president indicated that El Salvador would continue to hold Abrego Garcia. The stated reason for this decision, as relayed by the vice president, is that the U.S. government is currently providing payment to El Salvador specifically for his detention within the CECOT facility.

This revelation raises further questions about the nature of the agreement between the U.S. and El Salvador regarding the transfer and detention of individuals, and it adds complexity to the legal and humanitarian concerns surrounding the use of foreign prisons for U.S.-origin detainees. The ongoing legal battle in Judge Boasberg’s court and the diplomatic challenges highlighted by Senator Van Hollen’s visit underscore the multifaceted difficulties associated with these controversial transfers.