U.S. District Judge James Boasberg is set to resume contempt proceedings regarding the deportation of hundreds of men to El Salvador under the Trump administration. The hearing will take place on Wednesday, where Boasberg will outline how he plans to move forward with the inquiry into whether officials violated a court order. This order was intended to prevent the deportations that occurred in March under the Alien Enemies Act (AEA).

The AEA, a law from the 18th century, was used by the Trump administration to justify the removal of alleged gang members to a mega-prison in El Salvador. Officials claimed that the Venezuelan gang Tren de Aragua posed a significant threat to the United States. Despite Boasberg issuing a temporary restraining order to halt the deportations, Justice Department attorneys argued that his instructions were flawed, allowing the flights to proceed as planned.

Earlier this year, an appeals court temporarily halted Boasberg's findings that the Trump administration likely acted in contempt. However, a recent ruling from a larger panel of appellate judges has allowed Boasberg to continue his fact-finding inquiry. During the upcoming hearing, Boasberg plans to require sworn testimony from administration officials to clarify whether they defied his court order.

"It seems that a factual inquiry is in order, and the best way to proceed would appear to be bringing in witnesses and having them testify under oath," Boasberg stated during a recent status conference.

Attorneys representing the deported men are also seeking a preliminary injunction to contest their AEA designation. They argue that the men are still suffering from trauma and other serious harms experienced at the CECOT prison in El Salvador. The ACLU noted in a court filing that the class members are still recovering from their experiences.

In response, Justice Department attorneys contend that the Venezuelans' release from El Salvador undermines their claims. They argue that the petitioners have not demonstrated any ongoing injury linked to the government, as they are reportedly free in their home country. The DOJ maintains that any threats to their safety come from third parties not involved in the case.

Boasberg has requested proposals from both the Justice Department and the attorneys representing the deported men by November 24, outlining their suggested next steps in the proceedings. The outcome of this inquiry could have significant implications for the limits of presidential power and the enforcement of court orders.