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D.C. Circuit Orders Rehearing in El Salvador Contempt Case

By Drooid · Sep 30, 2026, 2:46 AM UTC · How we work

Summary

Story summary

The full en banc D.C. Circuit voted to rehear the contempt case, potentially letting Judge James Boasberg resume fact-finding.
DOJ attorney Brett Shumate argued the inquiry is unlawful, unnecessary, and should be halted by mandamus.
Former DHS Secretary Kristi Noem was identified as the official who approved sending migrants to El Salvador.
American Civil Liberties Union (ACLU) reports migrants are detained in El Salvador’s CECOT maximum-security prison, facing severe abuse.

History

Historical Context

The 1996 Illegal Immigration Reform and Immigrant Responsibility Act, signed by President Bill Clinton, expanded federal authority to detain and deport unauthorized migrants. Congress earmarked $1.5 billion in 1997, letting the Justice Department and the new Homeland Security Department quickly add 2,000 detention beds. Today, the D.C. Circuit’s rehearing of James Boasberg’s case, DOJ attorney Brett Shumate, mirrors the Act, and Kristi Noem’s transfers to El Salvador provoke ACLU criticism. The 1996 precedent suggests courts may affirm executive discretion, entrenching detention practices and spurring further civil-rights lawsuits.

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Story summary

The full en banc D.C. Circuit voted to rehear the contempt case, potentially letting Judge James Boasberg resume fact-finding.
DOJ attorney Brett Shumate argued the inquiry is unlawful, unnecessary, and should be halted by mandamus.
Former DHS Secretary Kristi Noem was identified as the official who approved sending migrants to El Salvador.
American Civil Liberties Union (ACLU) reports migrants are detained in El Salvador’s CECOT maximum-security prison, facing severe abuse.

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