Former President Donald Trump's administration has faced mounting criticism for apparent disregard of court orders, raising concerns about a possible constitutional crisis in the United States. The controversy revolves around the recent deportation of Venezuelan migrants, carried out despite court rulings to the contrary, especially that of Judge James Boasberg, who ordered the return of planes already carrying the deportees. The government claimed it was too late to reverse the action but denied any deliberate challenge to the courts. The case is being investigated and could lead to disciplinary measures by the judiciary, according to the LatinTimes.

In parallel, another episode involving the wrongful deportation of a Venezuelan to El Salvador led a federal judge to consider holding authorities responsible for contempt, evidencing the tension between the powers. According to legal experts, courts have significant tools at their disposal to deal with non-compliance with their orders, such as fines, asset freezes, and even imprisonment, although the latter is rare and only used as a last resort.

The challenge, according to scholars, lies in the fact that the officers responsible for enforcing these decisions belong to the Department of Justice — reporting to the president. Still, there is a legal provision that would allow courts to designate other law enforcement officers, outside the executive branch, to enforce their orders, although this is uncommon in recent U.S. history.

Even with this legal apparatus, the expectation that members of the Trump administration will face real consequences if he remains in power is viewed with skepticism by analysts. The discussion goes back to historical reflections, such as that of Alexander Hamilton, who already warned that the Judiciary would be the most fragile of the three powers because it depends on the Executive to apply its decisions. At the heart of the issue is the future of the American institutional balance: if the judiciary and Congress fail to impose limits, the independence between the branches risks becoming only symbolic.