After the Trump administration provided limited information about its March decision to deport more than a hundred men under the Alien Enemies Act, a federal judge on Monday ordered a senior Justice Department attorney to testify later this month.
U.S. District Judge James Boasberg directed Drew Ensign, Deputy Assistant Attorney General for the Office of Immigration Litigation in the Civil Division, to testify at a hearing on Dec. 16. He also ordered testimony from Erez Reuveni, a former DOJ attorney who has alleged the administration evaded court orders, on Dec. 15.
In March, the administration invoked the 18th-century Alien Enemies Act — a wartime authority that allows removal of noncitizens with little-to-no due process — to deport two planeloads of suspected gang members to the CECOT prison in El Salvador. Officials argued that Venezuela’s Tren de Aragua gang operates as a “hybrid criminal state” that is invading the United States.
Boasberg issued a temporary restraining order and told authorities to turn the planes around, but Justice Department lawyers later said his oral instructions were defective. The deportations went forward, and Boasberg launched contempt proceedings against the government for allegedly defying his order.
“The Court thus believes that it is necessary to hear witness testimony to better understand the bases of the decision to transfer the deportees out of United States custody in the context of the hearing on March 15, 2025,” Boasberg wrote. “The events surrounding this decision should shed light on this question.”
Boasberg also said it would be premature to refer anyone for criminal prosecution based on the limited information available. He found that DHS Secretary Kristi Noem’s recent sworn declaration did “not provide enough information for the Court to determine whether her decision was a willful violation of the Court’s Order.”
Noem’s filing said she continued the transfers after receiving legal advice from Department of Justice leadership and from Joseph Mazarra, the acting general counsel at DHS. Because her declaration did not establish willful contempt, Boasberg wrote, “A referral for prosecution, consequently, would be premature.”
Mazarra’s declaration said he analyzed Boasberg’s order that sought to block the deportations and then provided legal advice to Noem. He asserted that DHS had removed those individuals before the court issued any order or oral statement regarding removal.
A Justice Department spokesperson did not immediately respond to requests for comment. The DOJ has argued it does not believe officials deliberately violated Boasberg’s return order and has contended the judge overstepped by pursuing a contempt investigation.