Judges Weigh Kristi Noem's Potential Criminal Case

A federal appeals court is scheduled to determine on Tuesday whether criminal contempt proceedings into the Trump administration's deportation of Venezuelan migrants can continue. Former Homeland Security Secretary Kristi Noem is the focal point of the controversy, as the government has named her as the individual responsible for approving the transfer of inmates to El Salvador's CECOT prison despite a court injunction.

The entire D.C. Circuit will deliberate on whether a judge can persist with his inquiry and possibly refer the matter to criminal contempt. Newsweek reached out to Noem, the Department of Homeland Security, and the Department of Justice for their perspectives on the case. The dispute arises from actions taken in 2025 when the Trump administration sought to deport Venezuelan migrants allegedly linked to the Tren de Aragua gang under the Alien Enemies Act.

As the chief judge of the U.S. District Court for the District of Columbia, Judge James Boasberg issued a temporary restraining order on March 15, 2025, prohibiting the government from removing the migrants for 14 days or until a further court directive. However, two planes carrying the detainees had already left for El Salvador when the order was issued.

Despite a later Supreme Court vacating Boasberg's order due to the migrants' legal challenges being properly heard in the district where they were detained, Boasberg maintained his pursuit of the contempt inquiry, citing probable cause to believe in a deliberate violation of his order. In April 2025, the government identified Noem as the responsible official, asserting she approved the transfer after consulting with government lawyers.

Boasberg initially provided an oral order on March 15, which took effect once the planes departed, mandating the return of the flights to the U.S. The government contended that the oral order lacked legal binding power, as a written order issued shortly thereafter only prohibited removal but didn't explicitly order the return of the migrants already en route.

Noem allegedly directed the detainees to be handed over to Salvadoran authorities, who subsequently held them in the maximum-security CECOT prison. The government argued Boasberg's criminal contempt inquiry exceeded his jurisdiction, stretching into high-level executive branch deliberations concerning national security and international affairs.

In April 2026, a three-judge appeals court panel sided with Noem, ruling that the written order was unclear enough not to warrant criminal contempt over the migrant transfers and questioning the scope of Boasger's investigation. The full D.C. Circuit has agreed to reassess the panel's decision, possibly allowing the criminal contempt inquiry to proceed and potentially leading to a referral against Noem if sufficient evidence is presented.

Noem, as secretary of Homeland Security in March 2026, has not been formally charged with any crime. Some 204 retired judges recently advocated for the court to permit the contempt inquiry to continue, deeming the district court's investigation "entirely proper and appropriate." The en banc court is set to hear arguments on Tuesday.