President Trump invokes ‘state secrets’ privilege to block information about Venezuelan deportation flights, triggering a heated legal battle between national security priorities and judicial demands for transparency.
Key Takeaways
- The Trump administration used the “state secrets privilege” to withhold deportation flight information, citing national security concerns.
- Chief Judge James Boasberg ordered a halt to deportations of alleged Venezuelan gang members, but flights carrying over 200 suspects proceeded to El Salvador.
- The administration deployed the Alien Enemies Act for the first time since World War II to deport noncitizens without court proceedings.
- The case has escalated into a constitutional showdown with Trump calling for Boasberg’s impeachment.
- Supreme Court Chief Justice John Roberts stated that “impeachment is not an appropriate response to disagreement concerning a judicial decision”.
State Secrets Doctrine Deployed in Deportation Dispute
The Trump administration has invoked the rarely-used “state secrets privilege” to block the release of information regarding deportation flights carrying over 200 Venezuelan migrants to El Salvador. This legal maneuver, based on an 18th-century wartime law, allows the government to withhold information that could potentially compromise national security. The administration’s legal team, led by Deputy Assistant Attorney General Drew Ensign, maintains that revealing details about these flights would harm diplomatic relations and undermine security operations against gang infiltration.
This invocation comes in direct response to Chief Judge James Boasberg’s order demanding information about the flights after the administration allegedly defied his earlier directive to halt deportations. The judge has expressed frustration with what he characterized as the Justice Department’s “woefully insufficient” information and “intemperate and disrespectful” arguments. The dispute represents a significant test of executive authority in immigration enforcement versus judicial oversight.
“We can’t tell everybody how we do this”: Trump admin invokes state secrets privilege after court orders more details on deportation flights. pic.twitter.com/7BiL9VFjsJ
— FOX & Friends (@foxandfriends) March 25, 2025
Alien Enemies Act Revived After Decades
Central to this controversy is the administration’s revival of the Alien Enemies Act, a law unused since World War II that permits the expulsion of foreign nationals from countries in conflict with the United States without standard court proceedings. The Trump administration has designated members of the Venezuelan gang Tren de Aragua (TdA) as threats to national security. Despite Judge Boasberg’s ruling that immigrants must have an opportunity to challenge their designation as gang members, the administration proceeded with at least three deportation flights.
The Justice Department has assembled declarations from Attorney General Pam Bondi, Secretary of State Marco Rubio, and Homeland Security Secretary Kristi Noem to support their invocation of state secrets protection. These officials maintain that national security interests outweigh the court’s need for operational details. Meanwhile, Venezuela has filed legal action in El Salvador seeking the release of 238 Venezuelans being held in a maximum-security prison.
Constitutional Showdown Intensifies
The legal battle has escalated dramatically with the administration requesting an appeals court to remove Judge Boasberg from the case entirely and block his orders. During appellate hearings, Circuit Court Judge Patricia Millett raised significant concerns about due process, comparing the current treatment of Venezuelan immigrants unfavorably to that of Nazi detainees during World War II. The administration countered that Boasberg’s oral order did not need to be followed – only his written order – and that it did not apply to flights already departed.
President Trump has publicly questioned Boasberg’s impartiality and called for his impeachment and disbarment on social media. This prompted an unusual response from Supreme Court Chief Justice John Roberts, who defended judicial independence by stating that impeachment is not appropriate for resolving disagreements over judicial decisions. The dispute highlights the fundamental tension in American governance between executive authority in national security matters and the judiciary’s role in protecting constitutional rights.
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Trump administration invokes state secrets privilege in case over deportations under wartime law
Trump invokes ‘state secrets’ to hide deportation details from court
