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Two federal judges may hold Trump in contempt as he defies courts in immigration crackdown

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Two federal judges may hold Trump in contempt as he defies courts in immigration crackdown

A second U.S. judge scolded the Trump administration on Tuesday night for failing to answer questions in an ongoing deportation case, raising the threat that some Trump officials could be held in contempt of court.

U.S. District Judge Paula Xinis of Maryland upbraided Trump officials for failing to comply with the court’s requests for information in a case involving the deportation of Kilmar Armando Abrego Garcia — accusing officials in a blistering eight-page order of submitting “vague, evasive and incomplete” responses that she said demonstrated “willful and bad faith refusal to comply with discovery obligations.”

She further described the Justice Department’s “false premise” objections as “a willful and bad faith refusal to comply with discovery obligations.”

Xinis is not the first federal judge to raise the possibility of holding the Trump administration in contempt for failing to abide by court orders. Just 15 miles away, at a courthouse in Washington, D.C., another judge had already threatened the same.

FEDERAL JUDGE JAMES BOASBERG FINDS PROBABLE CAUSE TO HOLD TRUMP IN CONTEMPT OVER DEPORTATION FLIGHTS

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Demonstrators gather in a nationwide “Hands Off!” protest against President Donald Trump and Elon Musk in Boston on Apr. 5, 2025.  (Joseph Prezioso/AFP via Getty)

At issue in both cases is President Donald Trump’s use of the Alien Enemies Act, a wartime immigration law the administration invoked last month to immediately deport certain individuals from the U.S. to El Salvador.

Hours after Trump’s March 14 proclamation that he would use the law to deport certain migrants — including alleged members of the gangs MS-13 and Tren de Aragua, or TdA — the U.S. sent more than 260 migrants to El Salvador to be detained in the country’s maximum-security prison.

The weeks since have been characterized by a wave of frantic court proceedings, appeals, and emergency Supreme Court orders, as judges across the country weigh the administration’s use of the wartime law. 

WHO IS JAMES BOASBERG, THE US JUDGE AT THE CENTER OF TRUMP’S DEPORTATION EFFORTS?

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U.S. District Judge James E. Boasberg  stands for a portrait at E. Barrett Prettyman Federal Courthouse in Washington, D.C. (Carolyn Van Houten/The Washington Post via Getty Images)

But Trump’s lawyers have appeared less than willing to share certain information with the courts. Their behavior has sparked fury from federal judges, who have accused them on more than one occasion of acting in bad faith and willfully defying their orders.

Xinis took umbrage Tuesday night at the administration’s refusal to respond to at least one interrogatory, saying their refusal is “based on the false premise that the United States can or has been ordered to facilitate Abrego Garcia’s release from custody” in El Salvador.

She also rebuked officials for their failure to comply with her earlier order to return Abrego Garcia, a Maryland man and alleged MS-13 member who was wrongfully deported last month to El Salvador. “For weeks, Defendants have sought refuge behind vague and unsubstantiated assertions of privilege, using them as a shield to obstruct discovery and evade compliance with this Court’s orders,” she said.

Her earlier ruling was upheld by the Supreme Court in an emergency order. The ruling said the government must “facilitate” his release — a definition that was subsequently clarified again by Xinis and by judges on the Fourth Circuit Court of Appeals.

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“‘Facilitate’ is an active verb,” U.S. Judge J. Harvie Wilkinson III, a Reagan appointee, said in authoring the circuit court opinion. 

“It requires that steps be taken as the Supreme Court has made perfectly clear,” he added.

TRUMP ADMIN DEFIES COURT OVER MARYLAND DEPORTATION, IGNITES LEGAL SHOWDOWN

The Supreme Court building in Washington, D.C. (AP Photo/J. Scott Applewhite, File)

At a hearing last week, Xinis ordered an “intense” and expedited two-week discovery period to determine whether the Trump administration has acted in good faith to comply with her order to return Abrego Garcia. Should they fail to supply the required information, or indicate they acted in bad faith, she could have sufficient information to move to consider possible contempt proceedings.

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Additionally, in a related case, U.S. District Judge James Boasberg said there was probable cause to find Trump administration officials in criminal contempt for defying his order to return deportation flights to El Salvador on March 15.

In a 48-page ruling, Boasberg accused the government of “willful disregard” for court directives, citing missed deadlines to submit flight details and identify officials who knew about his emergency order halting removals. Although a federal appeals court in D.C. has paused the contempt proceedings, Boasberg has requested further declarations and warned that officials may be required to testify under oath.

If they fail to comply, the judge could refer the case to the Justice Department for prosecution or appoint outside counsel if DOJ declines.

JUDGE BOASBERG POISED TO HOLD TRUMP ADMIN IN CONTEMPT, TAKES DOWN NAMES OF DHS OFFICIALS: ‘PRETTY SKETCHY’

Gang members seen in a cell at the Terrorism Confinement Center, or CECOT, in Tecoluca, in San Vicente, El Salvador. Photo via Getty Images. (Alex Pena/Anadolu via Getty Images)

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The appeals court that paused Boasberg’s contempt proceedings did so temporarily, requesting additional briefing from both the Justice Department and ACLU attorneys representing the plaintiffs.

What happens next remains uncertain. Trump officials have repeatedly railed against so-called “activist judges,” accusing courts of obstructing the administration’s immigration agenda. In an earlier emergency appeal, officials claimed Boasberg’s actions amounted to a “massive, unauthorized imposition on the Executive’s authority to remove dangerous aliens,” arguing those individuals “pose threats to the American people.”

Meanwhile, Judge Xinis’s order in Maryland comes amid a flurry of immigration-related legal battles nationwide, as Trump pushes forward with his border security priorities.

Earlier this month, the Supreme Court ruled 5–4 that the administration can continue using the Alien Enemies Act to deport migrants, provided they receive due process protections, including the right to challenge removals in court.

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Separately, federal judges in New York and Texas temporarily blocked use of the Alien Enemies Act in specific cases, siding with plaintiffs who argued certain migrants could be removed without a chance to seek habeas relief.

The White House did not immediately respond to Fox News Digital’s request for comment on next steps in the Abrego Garcia case, or on the possibility that Xinis might move on possible contempt proceedings.

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Crews Drape Tarp Over White House in Latest Trump Restoration

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Construction workers unfurled a large printed tarp to cover scaffolding installed at the White House’s front entrance. Doug Burgum, the interior secretary, said President Trump had ordered the repairs after noticing damage to columns.

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WATCH: Trump’s Energy chief reveals what escalating Iran tensions could mean for gas prices

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WATCH: Trump’s Energy chief reveals what escalating Iran tensions could mean for gas prices

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Energy Secretary Chris Wright is telling Americans not to be concerned about the possibility of another surge of sharp increases in gasoline prices as tensions with Iran have started to escalate once again.

Asked whether Americans should worry about higher prices at the pump and how the Trump administration is preparing to keep the economy stable if the conflict continues to worsen, Wright told Fox News Digital: “It has not been any good behavior from Iran that’s allowed oil to flow. It’s been the United States military.”

“That’s not changing,” he assured, speaking from the Great American State Fair on the National Mall this week.

US CLAWS BACK KEY CONCESSION TO IRAN AFTER FRESH ATTACKS ON COMMERCIAL SHIPS IN STRAIT OF HORMUZ

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(Mario Tama/Getty Images) (Mario Tama/Getty Images)

With Iran striking three commercial vessels transiting the Strait of Hormuz on Monday and Tuesday, Wright doubled down in urging citizens to not credit Iran for the U.S. military’s work to ensure oil shipments continue flowing through the strait.

“Look, the U.S. Military has been the key asset here,” he said. “They have assured the flow of oil and gas through the Strait of Hormuz throughout. Not at the beginning of this conflict, but through the last six weeks.”

Wright said the administration is closely monitoring global oil supplies as the tentative ceasefire with Iran seemingly came to come to a halt, with President Donald Trump telling Secretary-General Mark Rutte the call for peace with Iran is “over” at the NATO Summit in Turkey on Wednesday.

But, he pointed to the continued shipping through the Strait as evidence that markets should remain stable.

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TRUMP SAYS IRAN CEASEFIRE IS ‘OVER’ AFTER IRANIAN ATTACKS TRIGGER MASSIVE US RESPONSE

President Donald Trump speaks at the White House on Tuesday, April 22. (AP/Alex Brandon)

“We’re of course constantly watching the supply of oil, the supply of refined products and what’s going on there,” Wright said. “And I think still all positive trends.”

Beyond geopolitical concerns, Wright also praised the new chain of discounted gas stations across Pennsylvania and New Jersey, Freedom Fuel, which promises customers prices below the national average.

The Trump administration, though not involved with the network, has heavily endorsed the new chain and its 25 locations.

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“We love it,” Wright said when asked about Freedom Fuel. “I mean, look, any mechanism we can to lower energy costs for Americans of all kinds, we’re all in on.”

“With Freedom Fuels, they’re just lowering it down to their wholesale price of gasoline,” Wright said. “So they’re not making any money selling gasoline, but they’ve got convenience stores. That’s how most gas stations make money.”

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Gasoline costs are a known concern for many Americans, and amid surging prices there has been a considerable increase in those opting to purchase electric vehicles to save money long-term at the pump — with Tesla dominating the market for these types of models.

Wright argued one of the benefits to living in America is having the option to choose what type of vehicle you drive.

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“We just want people to buy what they would prefer,” he told Fox News Digital when asked his thoughts on increasing calls for support of the electrification of cars. “Consumer choice — you wanna buy an electric car, you wanna buy a gas powered car, diesel powered car, buy a big truck. That’s the choice.”

“That’s why you live in America. You get the choice of all those.”

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Black mold and $1 wages: Settlement forces immigrant detention centers to protect workers

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Black mold and  wages: Settlement forces immigrant detention centers to protect workers

In 2023, California regulators levied more than $100,000 in fines against the private operator of a federal immigration facility, kicking off a three-year battle over whether detainees who do work at the facilities should be considered employees.

The question went beyond semantics: If considered employees, the detainees would be subject to state worker protection laws.

A legal settlement announced this week now affirms that private immigrant detention facilities are subject to California’s workplace safety and health requirements.

“Every worker deserves a safe and healthy workplace and should be able to report workplace hazards without fear of retaliation,” said Denisse Gómez, spokesperson for the California Division of Occupational Safety and Health or Cal/OSHA.

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“Individuals who perform work in these facilities are entitled to workplace safety protections, and this settlement reinforces Cal/OSHA’s commitment to enforcing those protections and safeguarding vulnerable workers,” she added.

Under the settlement between California and the GEO Group, a Florida-based private prison company, the company recently withdrew its legal challenges and agreed to pay more than $100,000 in the fines.

The GEO Group did not respond to requests for comment.

Back in 2023, Cal/OSHA issued $104,510 in fines against the GEO Group. The agency had found six violations of state code by the company after detainees complained about a lack of protective equipment and proper training while cleaning the facility for $1 per day.

Detainees alleged they routinely wiped black mold off shower walls at the facility, saw black dust spew from air vents and used cleaning solutions that lacked instructions during the COVID-19 pandemic.

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The biggest fine levied against the GEO Group was for failure to establish and maintain “effective written procedures to reduce employee risk of exposure to aerosol transmissible disease.”

Advocates viewed Cal/OSHA’S recognition of the detainees as workers as a victory that could pave the way for future labor rights fights at other detention centers in the state.

But the GEO Group appealed, arguing that detainees participating in ICE’s voluntary work program make their own schedules and aren’t employees, so hazard exposure couldn’t be “as a result of assigned duties,” as California law states. Plus, the company argued, there wasn’t enough evidence that detainees were exposed to any hazard.

Early last year, the state’s Occupational Safety and Health Appeals Board rejected the GEO Group’s argument and found that detainees should be considered “affected employees.”

The GEO Group sued, but three days before a California Superior Court hearing in May, the company and Cal/OSHA reached the settlement.

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Along with paying the fines, the GEO Group agreed to draft plans for avoiding aerosol transmissions at 12 secure and reentry facilities in California, including five detention centers that hold immigrants.

“GEO ensures detainees are afforded the necessary tools, equipment, and personal protective equipment … to safely and effectively perform any necessary tasks,” the settlement states.

Gómez said the settlement also leaves intact the appeals board’s ruling that civil immigration detainees who participate in work programs can participate in proceedings anonymously, “acknowledging the potential for retaliation when individuals raise workplace safety concerns.”

But the question of whether detainees are employees and deserve certain protections isn’t entirely resolved — at least not for the federal government.

Last month, U.S. Immigration and Customs Enforcement released new standards for detention facilities across the country. The revised guidelines “emphasize that detainee volunteers participating in the voluntary work program are not considered facility and/or government employees” and thus not entitled to labor regulations.

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Attorney Mariel Villarreal said the timing of the new detention standards made her question whether the GEO Group had asked ICE to specify in its standards that detainees are not workers in response to its battle with Cal/OSHA.

“To me, it’s a reaction to this very settlement,” she said. Villarreal works for the California Collaborative for Immigrant Justice, which filed the original complaint on behalf of detainees who said they worked in unsafe conditions.

Villarreal pointed to a Washington Post report that GEO Group executives privately asked ICE to specify that detainees are not employees of the facilities where they work. Two top Trump administration officials, border czar Tom Homan and acting ICE director David Venturella, previously worked for the GEO Group.

New versions of ICE detention standards take effect as contracts are established or modified, so this year’s rules won’t immediately apply to every facility.

An ICE spokesperson did not comment about the settlement. The spokesperson, who did not provide their name in an emailed statement Wednesday, said the agency has begun transitioning detention facilities to meet the 2026 standards, “building on its longstanding commitment to safe, secure, and professional detention operations.”

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“ICE has consistently implemented many of these best practices independently, reinforcing its role as the leader in detention operations,” the spokesperson added.

The GEO Group and other immigrant detention center operators have faced other legal battles over workers’ rights, including lawsuits in Washington, Colorado and California over the $1-per-day payment.

Villarreal said she’s confident that the Cal/OSHA settlement would continue to hold even if California facilities incorporated the new standards. But she said she believes the statements are an attempt by the GEO Group to “sidestep responsibility” and avoid the possibility of being fined under similar circumstances in other states.

“These statements in the new standards are a way for them to try and preserve profits as much as possible,” she said. “GEO and ICE are so intertwined at this point that they have the same motives.”

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