WASHINGTON, D.C. — A federal appeals court panel issued a 2-1 ruling blocking further steps in a criminal contempt inquiry against the Trump administration in a case involving the Alien Enemies Act, drawing sharp criticism from the American Civil Liberties Union, which said the decision weakens judicial authority, due process protections and the rule of law.
According to the ACLU, the case, J.G.G. v. Trump, stems from the March 2025 removal of 137 Venezuelan men to the CECOT prison in El Salvador, where they were “flown… in the middle of the night without notice or due process.” The ACLU reports that a district court previously ruled the removals unlawful and ordered the administration to provide individuals with “due process to challenge their designations under the act.”
According to the press release, Chief Judge James Boasberg later initiated a criminal contempt inquiry after officials allegedly failed to comply with a court order to turn flights around. The Trump administration then appealed, and the D.C. Circuit Court of Appeals issued a split decision halting that inquiry.
Responding to the ruling, ACLU attorney Lee Gelernt stated, “The opinion is a blow to the rule of law.” He added, “Our system is built on the executive branch, including the president, respecting court orders,” emphasizing that “there is no longer any question that the Trump administration willfully violated the court’s order.”
According to Gelernt, the issue extends beyond this single case and speaks to the foundation of the legal system. He stated that respect for judicial authority is essential, noting that when the executive branch fails to follow court rulings, it threatens the structure of constitutional governance.
Arthur Spitzer, co-director of the ACLU of D.C., also criticized the ruling. He stated, “The central meaning of the rule of law is that the executive branch must respect the rulings of the courts.” Spitzer added, “Nowhere is that more important than in cases involving extraordinary authorities like the Alien Enemies Act,” arguing that “this ruling undermines that vital principle.”
According to the ACLU, the Alien Enemies Act grants the executive branch significant authority during times of conflict, which makes judicial oversight especially important. The organization argues that failing to enforce court orders in such cases raises serious concerns about executive overreach and the protection of individual rights.
The ACLU also emphasized due process concerns in the case. According to the press release, the individuals removed from the United States were not given notice or an opportunity to challenge their removal before being transferred to a foreign prison. The organization argues that such actions violate fundamental constitutional protections and undermine legal safeguards designed to prevent wrongful detention or deportation.
According to the ACLU, the court’s decision to halt the contempt inquiry limits accountability for potential violations of judicial orders. The organization suggests that without enforcement mechanisms, court rulings may lose their effectiveness in ensuring that government officials comply with the law.
The ACLU, which represents the plaintiffs in the case, continues to challenge the administration’s actions, arguing that they violated constitutional protections and due process rights. The case remains ongoing and may have broader implications for the balance of power between the executive and judicial branches, particularly in immigration-related cases involving emergency authorities.
The organization maintains that when constitutional protections such as due process are not upheld, it can set a dangerous precedent for future cases involving executive authority and individual rights across the country in similar immigration-related cases.
According to the ACLU, the case may also shape how federal immigration policies are implemented, particularly in situations involving rapid removals and the use of emergency powers without prior legal review.
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