The U.S. Court of Appeals for the D.C. Circuit signaled on September 29 that it is likely to allow a district-court judge to pursue contempt proceedings against the Department of Homeland Security for operating deportation flights in violation of multiple judicial orders. During oral argument, a three-judge panel said DHS ‘appears to have acted in open defiance’ of injunctions issued in 2024, 2025 and July 2026 that protected certain Venezuelan migrants from removal. At issue are charter flights that carried more than 140 Venezuelans to third countries despite pending asylum claims. Government lawyers argued the removals were an administrative error and that DHS has since improved coordination with the Justice Department. Judge Sri Srinivasan noted the pattern of repeat violations and questioned whether monetary sanctions or policy changes would be sufficient deterrents. If the district court proceeds, senior agency officials—potentially including the ICE acting director—could be compelled to testify and produce internal communications. For global mobility teams, the case highlights the legal uncertainty surrounding high-level removal directives and the possibility that individual employees could become collateral in inter-branch power struggles. The panel is expected to rule within weeks. A contempt finding could slow or complicate deportation operations, creating unpredictability for employers managing the status of affected nationals. Companies should monitor litigation timelines and be ready to adapt mobility plans if new injunctions stall removals again.
Source: Washington Post
