The Justice Department argued that its decisions remained within the legal framework and in accordance with the available directive from Judge James Boasberg.

The case gained prominence after two aircraft carrying migrants left U.S. airspace before officials interpreted the order as binding. Federal lawyers argued that this move placed the passengers beyond the reach of the courts, avoiding direct liability for the federal government in this proceeding.

Judge James Boasberg clarified in his ruling that the Court must review whether there is sufficient merit to consider potential additional liabilities. In his text, he explained that it must be assessed whether the secretary involved or any other official could be referred to criminal contempt proceedings, as determined by subsequent judicial analysis.

Furthermore, Boasberg indicated that the Court must decide whether the original instruction was “clear and reasonably specific,” whether the officials violated the order, and whether that alleged violation was intentional.