A divided panel of the U.S. Court of Appeals for the District of Columbia Circuit ordered U.S. District Judge James Boasberg on Tuesday to terminate his criminal contempt investigation into Trump administration officials accused of defying a court order during deportation flights in 2025.

The 2-1 ruling, authored by Circuit Judge Neomi Rao, described the probe as an "intrusive" abuse of discretion that improperly delved into high-level executive branch deliberations on national security and diplomacy. Circuit Judge Justin Walker concurred, while Judge J. Michelle Childs dissented in an 80-page opinion arguing the decision undermined judicial authority.

The dispute originated in March 2025, shortly after President Donald Trump's inauguration for his second term. The administration invoked the 1798 Alien Enemies Act to deport over 100 Venezuelan nationals alleged to be members of the Tren de Aragua gang to El Salvador, where they were detained in a maximum-security prison. On March 15, plaintiffs represented by the ACLU filed an emergency lawsuit in the D.C. federal court challenging the removals without due process. Boasberg, chief judge of the district and an Obama appointee, issued a temporary restraining order barring the transfer of specific migrants.

Despite the order, two flights departed carrying protected individuals, a decision attributed to then-Homeland Security Secretary Kristi Noem. Boasberg later found probable cause of bad faith and launched the contempt proceedings, seeking testimony from officials, including Justice Department lawyers.

The Justice Department appealed, arguing Boasberg's March order was not clear and specific enough to support contempt, as it did not explicitly prohibit transfers into Salvadoran custody once planes left U.S. airspace. The appeals court agreed, stating the administration had a "clear and indisputable" right to end the probe.

Rao wrote: "Criminal contempt is available only for the violation of an order that is clear and specific. (Boasberg’s March 2025 order) did not clearly and specifically bar the government from transferring plaintiffs into Salvadoran custody." Acting Attorney General Todd Blanche called the ruling a victory that ends "Judge Boasberg’s year-long campaign against the hardworking Department attorneys doing their jobs fighting illegal immigration."

ACLU attorney Lee Gelernt criticized the decision as "a blow to the rule of law," claiming the administration willfully violated the order. The group plans to seek review by the full D.C. Circuit. This marks the second time the appeals court has blocked Boasberg's probe; the Supreme Court previously ruled the underlying lawsuit belonged in Texas venue.

The case highlights tensions between judicial oversight and executive authority amid Trump's mass deportation efforts targeting criminal migrants.