The Trump administration has invoked the 'state secrets' privilege to avoid providing a federal judge with further information about this month’s contentious expulsion of Venezuelan immigrants to El Salvador under the Alien Enemies Act.
In a court filing on Monday, the Department of Justice stated that 'no further information will be provided' to the Washington DC federal court, citing the state secrets privilege. The filing asserted that the case involves President Trump's 'complete and absolute authority' to remove 'designated terrorists participating in a state-sponsored invasion'.
The invocation escalated the administration’s legal battle with the judiciary. Federal Judge James E Boasberg had been seeking details on the 15 March operation, which saw 238 Venezuelans and 23 Salvadoran men flown to El Salvador and detained in a terrorism prison. Boasberg gave the administration until 31 March to provide additional information.
The administration claims all deportees are members of the Venezuelan gang Tren de Aragua, though an intelligence document contradicts this, and news reports have identified individuals whose families insist they are not gang members. Secretary of State Marco Rubio said the rapid expulsions resulted from 'nonpublic, sensitive, and high stakes negotiation' with the Salvadoran government.
Boasberg temporarily blocked further use of the Alien Enemies Act for deportations and ordered individual hearings. The administration has since attacked the judge, seeking his impeachment and removal from the case. A federal appeals court heard arguments on Monday regarding the request to remove Boasberg.
