The Trump administration has been accused of ignoring or defying federal court orders, including one from the Supreme Court to release a man sent to a Salvadoran prison in error. Federal judges have the option of holding the government in contempt, which could result in fines or even jail time until the order is followed. However, the president cannot be held in contempt, and enforcing contempt orders against executive branch officials is complicated by the role of U.S. marshals, who are under the president’s authority. Judges may be able to hire other parties, such as local police or sheriffs, to enforce their orders if needed. While district court judges are willing to issue contempt findings, sanctions are rarely upheld on appeal. The Supreme Court has recognized the importance of courts being able to enforce their orders through contempt, but also warns against abusing this power. Ultimately, the judicial branch’s ability to enforce contempt orders against the federal government may be limited by the executive branch’s control over enforcement agencies like the U.S. marshals.
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